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REGULATIONS 


FOR  THE 


North  Carolina  National  Guard 


1907. 


RALEIGH: 

ADJUTANT  GENERAL’S  DEPARTMENT. 


Ili'^VfiPvP 


RALEIGH  : 

E.  M.  UZZELL  &  COMPANY, 


STATE  PRINTERS. 


3  53:  3  if/ 


i.-:* 


STATE  OF  NORTH  CAROLINA, 

Office  Adjutant  General, 
Raleigh,  May  18,  1908. 


General  Orders  No.  4. 


The  Board  of  Officers,  consisting  of  Gen.  J.  F.  Armfield,  First  Brigade;  Gen. 
Thomas  R.  Robertson,  Adjutant  General ;  Gen.  Francis  A.  Macon,  Quarter- 
^  master  General ;  Lieut.  Col.  R.  L.  Leinster,  Assistant  Adjutant  General,  detailed 
to  prepare  Regulations  for  the  North  Carolina  National  Guard,  having  com¬ 
pleted  their  work  and  submitted  it  to  the  Commander  in  Chief,  the  same  is 
*  hereby  approved,  and  is  adopted  for  the  guidance  and  government  of  all  con- 
cerned. 

All  former  regulations  and  orders  conflicting  therewith  are  hereby  revoked. 

By  order  of  the  Commander  in  Chief  : 


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ii 


THOS.  R.  ROBERTSON, 

Adjutant  General. 


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Digitized  by  the  Internet  Archive 
in  2018  with  funding  from 

University  of  Illinois  Urbana-Champaign  Alternates 


https://archive.org/details/regulationsfornoOOnort 


TABLE  OF  CONTENTS. 


Part  I. — North  Carolina  Statutes — Articles  of  War. 

Part  II. — Organization,  Discipline,  and  Correspondence. 

Part  III. — Public  Property — Classification,  Issue,  Accountability, 
Disposition. 

Part  IV. — Active  Service. 


PART  I 


NORTH  CAROLINA  STATUTES, 


ARTICLES  OF  WAR. 


NORTH  CAROLINA  STATUTES. 


Section  1.  That  the  following  sections  of  said  chapter^  one  hun¬ 
dred  and  two,  Revisal  of  one  thousand  nine  hundred  and  five  of 
North  Carolina,  shall  read  as  follows : 

4848.  Who  liable  for  duty  in.  All  able-bodied  male  citizens  of 
the  State  of  North  Carolina,  between  the  ages  of  twenty-one  and 
forty-five  years,  who  are  citizens  of  the  United  States,  shall  be 
liable  to  duty  in  the  militia :  Provided,  that  all  persons  who  may 
be  averse  to  bearing  arms,  from  religious  scruples,  shall  be  exempt 
therefrom. 

4849.  Divided  into  active  and  inactive.  The  militia  shall  be 
divided  into  two  classes,  the  active  and  inactive.  The  active 
militia  shall  consist  of  all  regularly  enlisted  volunteers ;  the  in¬ 
active  militia  shall  consist  of  all  other  persons  subject  to  military 
duty. 

4850.  Commander  in  chief ;  power  to  call  out.  The  Governor 
shall  be  commander  in  chief,  and  shall  have  power  to  call  out  the 
militia  to  execute  the  law,  suppress  riots  or  insurrections,  and  to 
repel  invasions. 

4851.  Active  first  ordered  out.  In  all  cases  the  active  militia 
hereinafter  provided  for  shall  be  ordered  into  service. 

4852.  White  and  colored  enrolled  separately ;  only  white  officers. 
The  white  and  colored  militia  shall  be  separately  enrolled,  and  shall 
never  be  compelled  to  serve  in  the  same  organization.  No  organi¬ 
zation  of  colored  troops  shall  be  permitted  while  white  troops  are 
available,  and  when  permitted  to  be  organized,  colored  troops  shall 
be  under  command  of  white  officers. 

4853.  Commander  in  chief  prescribes  rules  for  its  government. 
The  Governor,  as  commander  in  chief,,  may  from  time  to  time  pre¬ 
scribe  such  orders,  rules,  regulations,  forms  and  proceedings  as  he 
may  think  proper  (not  inconsistent  with  the  discipline  prescribed 
by  the  United  States)  for  the  use,  government  and  instruction  of 
the  militia. 


Persons  liable  to 
duty. 


Active  and 
inactive. 


Governor  com¬ 
mander  in  chief. 
Power  to  call  out 
militia. 


Active  militia  first 
called  out. 


Separate  enroll¬ 
ment. 


Organization  of 
colored  troops. 


Governor  to  pre¬ 
scribe  orders,  rules 
and  regulations. 


4854.  Discipline.  The  active  militia,  and  the  inactive  militia  Rules  and  regula- 
when  called  into  active  service,  shall  be  organized  and  disciplined  states* toapply. 
in  the  same  manner  and  according  to  the  rules  and  regulations 

required  by  the  Congress  of  the  United  States  for  the  organizing 
and  disciplining  of  the  National  Guard. 

4855.  Ordered  out  for  service ;  failure  to  appear;  penalties.  Punishment  for 
Every  soldier  ordered  out  for  active  duty,  or  who  shall  volunteer  when  ordered  mit 
or  be  drafted,  who  does  not  appear  at  the  time  and  place  ordered, to  be  fixed  by 

1  ’  court-martial. 

or  who  has  not  some  able-bodied  and  proper  substitute  at  such  time 


10 


Pay  in  active 
service. 


To  be  paid  by 
county  in  which 
service  is  rendered. 


Pay  of  officers 
when  on  duty. 


Proviso:  pay  of 
inspector  general. 


Officers  appointed 
and  commissioned 
by  governor. 

Revocation  of 
commission. 

Election  and  nom¬ 
ination  of  officers. 

Officers  to  qualify. 


Officers  to  rank 
from  date  of 
commission. 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 

and  place,  or  does  not  furnish  a  reasonable  excuse  for  such  non- 
appearance,  shall  be  liable  to  such  punishment  as  a  court-martial 
may  determine. 

4856.  When  paid.  The  militia  of  the  State,  both  officers  and 
enlisted  men,  when  called  into  the  service  of  the  State,  shall  receive 
the  same  pay  and  rations  as  when  called  into  the  service  of  the 
United  States :  Provided,  however,  that  when  called  in  aid  of  the 
civil  authorities  to  guard  any  jail  or  prisoners,  or  to  quell  riots, 
enlisted  men  shall  receive  in  addition  to  said  pay  the  sum  of  sixty 
(60)  cents  per  day. 

4857.  By  whom  paid.  When  the  militia  or  any  portion  thereof 
shall  be  called  into  actual  service,  according  to  law,  to  serve  any 
county  of  the  State,  or  for  guarding  the  jail  of  such  county  on 
account  of  prisoners  from  some  other  county  being  imprisoned  in 
such  jail,  the  County  Commissioners  of  the  county  from  which  said 
prisoners  may  be  or  may  have  been  taken  shall  audit  the  account 
of  said  militia,  and  draw  a  warrant  upon  the  County  Treasurer  for 
the  same,  and  the  County  Treasurer  shall  pay  the  same  out  of  any 
county  funds  not  otherwise  appropriated. 

4858.  May  he  ordered  on  duty ;  pay.  The  Governor  may,  when¬ 
ever  the  public  service  requires  it,  order  upon  special  or  regular 
duty  any  officer  of  the  National  Guard,  and  his  expenses  and  com¬ 
pensation  therefor  shall  be  paid  upon  the  approval  of  the  Governor 
and  warrant  of  the  Auditor.  Such  compensation  shall  not  exceed 
four  dollars  per  diem.  No  staff  officer  who  receives  a  salary  as 
such  shall  be  entitled  to  any  additional  compensation  for  any  ser¬ 
vice  connected  with  his  office :  Provided,  that  the  Inspector  Gen¬ 
eral  shall  be  allowed  the  pay  of  his  rank  while  engaged  in  the 
duties  of  his  office. 

II.  Officers. 

4859.  How  appointed  and  commissioned.  All  officers  of  the 
militia  shall  be  appointed  and  commissioned  by  the  commander  in 
chief.  He  may  revoke  the  commission  of  any  officer  at  any  time. 
When  not  in  active  service  the  officers  of  the  active  militia,  below 
the  rank  of  Brigadier  General,  shall  be  previously  elected  or  nomi¬ 
nated  as  provided  by  law. 

4860.  To  take  and  subscribe  oath  of  office.  Every  commissioned 
officer  of  the  militia,  before  entering  upon  his  duties,  shall  take  and 
subscribe  before  a  justice  of  the  peace,  or  other  qualified  officer,  the 
oath  prescribed  by  the  Constitution,  which  shall  at  once  be  for¬ 
warded  to  the  Adjutant  General. 

4861.  Rank  according  to  date  of  commission.  Commissioned 
officers  shall  take  rank  according  to  the  date  of  their  commissions. 
The  day  of  appointment  or  election  of  an  officer  shall  be  expressed 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


11 


in  his  commission,  and  considered  as  the  date  thereof.  Whenever  Rank  under 
an  officer  shall  be  recommissioned  within  six  months  after  the recommisslon- 
expiration  or  revocation  of  his  original  commission,  in  the  same 
grade  in  which  he  has  served  in  the  State  Guard,  his  new  commis¬ 
sion  shall  bear  date  even  with,  and  he  shall  take  rank  from,  the 
date  provided  for  in  his  former  commission.  When  two  commis-  Priority  in  commis¬ 
sions  bear  the  same  date,  the  officer  who  has  had  priority  of  rank  slons  of  even  date- 
in  any  lower  rank  shall  have  precedence.  And  if  the  officers  have 
not  served  in  a  lower  grade,  the  commander  in  chief  shall  designate 
their  respective  rank  or  priority. 

4862.  Reports  by.  Every  officer  shall  make  all  such  reports  as  Officers  to  make 
may  be  required  of  him  by  any  law  or  regulation  or  as  may  be  reports* 
called  for  by  any  superior  officer. 

4863.  Staff,  hoiv .  divided.  The  military  staff  of  the  State  of  Personal  and 
North  Carolina  shall  be  divided  into  two  kinds,  the  personal  staff  general  staff* 
of  the  commander  in  chief  and  the  general  or  departmental  staff. 

All  staff  officers  shall  hold  office  until  their  successors  are  appointed 
and  qualified,  but  may  be  removed  at  any  time  by  the  Governor. 

4864.  Commander  in  chiefs  personal  staff.  The  personal  staff  personal  staff, 
of  the  commander  in  chief  shall  consist  of  seven  aides-de-camp  with 

the  rank  of  Colonel,  two  of  them  to  be  naval  aides ;  and  the  Gov-  Private  secretary 
ernor  may  appoint  his  private  secretary  as  an  additional  personal  addltlonal  aide- 
aide,  and  commission  him  with  the  rank  of  Colonel. 

5865.  General  staff.  The  general  staff  shall  consist  of  an  Ad ju-  General  staff. 

taut  General,  with  the  rank  of  Brigadier  General ;  one  Quartermas-  Adjutant  general. 

ter  General  and  Chief  of  Ordnance,  with  the  rank  of  Brigadier  Quartermaster 

general. 

General ;  one  Inspector  General ;  one  Surgeon  General ;  one  Com-  inspector  general, 
missary  General ;  one  Chief  of  Engineers ;  one  Inspector  of  Small-  confmiss^16^1 
Arms  Practice:  one  Judge  Advocate  General;  one  Paymaster  Gen-  f;?aeFal; 

Chief  of  engineers. 

eral :  each  with  the  rank  of  Colonel.  The  commander  in  chief  may  inspector  of  small- 
appoint  additional  assistants  to  each  of  said  officers,  with  rank  not  ju^ge^dvocate 
higher  than  that  of  Lieutenant  Colonel,  if  in  his  judgment  it  is  best  general. 

Paymaster  general. 

for  the  interest  of  the  service.  Assistants. 

4866.  Adjutant  General;  duties.  The  Adjutant  General  shall  be  Duties  of  adjutant 
chief  of  staff,  and  shall  be  in  control  of  the  military  department  of  general* 
the  State,  and  as  such  subordinate  only  to  the  Governor  in  matters 
pertaining  to  said  department.  He  will  perform  such  other  duties 
as  pertain  to  the  office  of  Adjutant  General,  under  the  regulations 
and  customs  of  the  United  States  Army.  He  will  prepare  and  for¬ 
ward  to  the  War  Department  at  Washington  all  returns  and  reports 
required  by  the  United  States  Government  from  this  State.  He 
shall  keep  a  register  of  all  enlistments  made  in  the  several  branches 
of  the  militia,  as  well  as  a  roster  of  all  officers,  and  shall  also  keep 
in  his  office  all  records  and  papers  required  by  law  to  be  filed 
therein.  He  shall  make  an  annual  report  to  the  Governor  on  or 


12 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Allowance  for  cler¬ 
ical  work  and 
printing. 


Quartermaster 
general  and 
assistants. 


Bonds  of  assistants 
and  of  store¬ 
keeper. 


before  the  thirty-first  of  December  of  each  year,  including  a  de¬ 
tailed  statement  of  all  expenditures  for  military  purposes  during 
that  year,  and  shall  also  make  a  biennial  report  to  the  General 
Assembly.  He  shall  when  necessary,  and  at  the  expense  of  the 
State,  cause  the  military  law,  the  regulations  governing  the  National 
Guard  of  the  State,  and  the  Articles  of  War  of  the  United  States, 
to  be  printed,  indexed  and  bound  in  proper  and  compact  form,  and 
distributed  to  the  commissioned  officers  of  this  State  at  the  rate  of 
one  copy  to  each  officer;  and  to  each  commissioned  officer  of  the 
general  headquarters  he  shall  issue  one  copy  of  the  necessary  text¬ 
books,  and  a  copy  also  of  the  annual  reports  concerning  the  active 
militia.  He  shall  cause  to  be  prepared  and  issued  all  necessary 
blank  books,  blanks,  forms  and  notices  required  to  carry  into  full 
effect  the  provisions  of  this  chapter.  All  such  books  and  blanks 
shall  be  and  remain  the  property  of  the  State.  The  Adjutant  Gen¬ 
eral  shall  have  such  assistants,  clerks  and  employees  as  may  be 
prescribed  by  the  commander  in  chief.  The  Adjutant  General  shall 
perform  such  other  duties  not  herein  specified  as  may  be  required 
of  him  by  the  military  laws  and  regulations  or  by  the  commander 
in  chief.  The  Adjutant  General  shall  be  allowed  all  such  neces¬ 
sary  expenses  as  may  be  incurred  for  clerk  hire,  and  for  printing, 
and  for  making  the  blank  forms,  books,  orders  and  reports  required 
in  his  office,  not  to  exceed  one  thousand  dollars,  and  out  of  said 
sum  he  may  employ  the  executive  clerk,  when  not  required  by  the 
Governor,  at  a  salary  of  twenty-five  dollars  per  month. 

48G7.  The  Quartermaster  General  and  assistants.  First.  The 
Quartermaster  General  may  have  two  assistants,  one  with  the  rank 
of  Lieutenant  Colonel  and  one  with  the  rank  of  Major,  and  one 
military  storekeeper,  who  shall  be  a  quartermaster  with  the  rank 
of  Captain.  These  officers  shall  be  appointed  and  commissioned 
by  the  Governor  upon  the  recommendation  of  the  Quartermaster 
General,  and  shall  at  the  time  of  their  appointment  be  officers  in 
active  service  in  the  National  Guard  of  the  State,  and  shall  be 
entitled  to  the  rights  and  privileges  of  officers  of  the  National 
Guard  of  corresponding  rank.  The  Quartermaster  General  shall 
have  the  necessary  clerks  and  employees,  not  exceeding  four,  and 
as  many  laborers  as  may  be  required  from  time  to  time.  The 
clerks  and  employees  shall  be  appointed  and  the  laborers  hired, 
with  the  approval  of  the  Governor,  by  the  Quartermaster  General. 

Second.  The  Quartermaster  General  may  require  his  assistants 
and  the  military  storekeeper  to  give  bonds  with  sufficient  security 
in  not  exceeding  ten  thousand  dollars  ($10,000)  each  to  the  people 
of  the  State,  conditioned  for  the  faithful  performance  of  their 
duties,  such  bonds  to  be  approved  by  the  Governor  and  Adjutant 
General,  and  filed  in  the  latter’s  office. 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


13 


Third.  He  shall  attend  to  the  care,  preservation  and  safe-keeping  Duties, 
and  repairing  of  the  arms,  ordnance,  accouterments,  equipments, 
and  all  other  military  property  belonging  to  the  State,  or  issued  to 
the  State  by  the  government,  of  the  United  States  for  the  purpose 
of  arming  and  equipping  the  organized  militia.  All  military  prop¬ 
erty  of  the  State  which,  after  a  proper  inspection,  shall  be  found 
unsuitable  for  the  use  of  the  State  shall,  under  the  direction  of  the 
Governor,  be  disposed  of  by  the  Quartermaster-  General,  as  required 
by  law.  He  shall  be  responsible  for  all  arms,  ordnance,  accouter¬ 
ments,  equipments,  and  other  military  property  which  may  be 
issued  to  the  State  by  the  Secretary  of  War  in  compliance  with 
law ;  and  it  shall  thereafter  be  his  duty  to  prepare  returns  of  said 
arms  and  other  property  of  the  United  States  at  the  times  and  in 
the  manner  requested  by  the  Secretary  of  War.  He  shall,  upon 
the  order  of  the  Governor,  turn  in  to  the  Ordnance  Department  of 
the  United  States  Army  the  rifles,  carbines,  bayonets,  bayonet  scab¬ 
bards,  gun  slings,  belts,  and  such  other  necessary  accouterments 
and  equipments,  the  property  of  the  United  States  and  now  in  pos¬ 
session  of  the  State,  which  may  be  replaced,  from  time  to  time,  by 
new  arms,  equipments,  etc.,  sent  by  the  United  States  in  substitu¬ 
tion  therefor,  and  cause  the  same  to  be  shipped,  under  instructions 
from  the  Secretary  of  War,  to  the  designated  arsenal  or  depot,  at 
the  expense  of  the  United  States.  And  when  the  National  Guard 
of  the  State  shall  be  fully  armed  and  equipped  with  standard  ser¬ 
vice  magazine  arms,  and  the  standard  equipment  and  accouter¬ 
ments  of  the  United  States  Army,  he  shall  cause  all  the  remaining 
arms,  equipments,  etc.,  the  property  of  the  United  States  and  in 
possession  of  the  State,  to  be  transferred  and  shipped  as  above 
directed. 

Fourth.  He  shall  keep  a  just  and  true  account  of  all  expenses 
necessarily  incurred,  including  pay  of  officers  and  enlisted  men  in 
his  department,  transportation  of  the  land  forces,  and  of  all  mili¬ 
tary  property  of  the  State ;  and  such  expenses  shall  be  audited  and 
paid  in  the  same  manner  as  other  military  accounts. 

In  addition  to  what  is  specially  prescribed,  the  duties  of  the  Duties  of  other 
other  staff  officers  shall  be  such  as  are  discharged  by  similar  of-  staff  officers- 
fleers  in  the  United  States  Army,  and  such  other  duties  as  they 
may  be  directed  to  perform  by  order  of  the  commander  in  chief. 

And  in  the  cases  of  disbursing  or  distributing  officers,  the  Gov-  Bonds  of  disburs- 
ernor  shall  have  power  to  prescribe  forms  of  bonds  for  the  faithful  JJJJ  officers.tribut’ 
performance  of  duty,  which  shall  not  exceed  in  amount  twice  the 
sums  of  money  or  property  passing  annually  into  their  hands.  The 
disbursing  officer,  designated  by  the  Governor  to  receive  and  dis-  Reports  of  disburs- 
burse  the  funds  apportioned  to  this  State  from  the  National  Gov- inff  officer‘ 
ernment  for  the  National  Guard  of  the  State,  shall  file  with  the 


14 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Notice  of  absence 
of  officer. 


Officers  disabled 
from  holding  com¬ 
mission. 


Property  to  be 
turned  over  to 
successors. 


Responsibility  and 
returns  of  officer 
receiving  property 
and  money. 


Honorable  dis¬ 
charge  of  officer. 


Officers  dismissed. 


Certificates  of 
discharge. 

Dishonorable 

discharges. 


Honorable  dis¬ 
charge  of  enlisted 
men. 


Governor  duplicates  of  his  statements  and  reports  to  the  Auditor 
of  the  War  Department,  and  said  duplicates  shall  be  printed  in  the 
annual  reports  of  the  Adjutant  General. 

4868.  Absent,  give  notice.  When  any  officer  shall  have  occasion 
to  be  absent  from  his  usual  residence  two  weeks  or  more,  he  shall 
notify  the  officer  next  entitled  to  the  command,  and  also  his  next 
superior  officer  in  command,  of  his  intended  absence. 

4869.  Any  officer  convicted  by  general  court-martial,  and  dis¬ 
missed  from  the  service,  shall  be  forever  disabled  thereafter  from 
holding  a  military  commission. 

4870.  Delivers  public  property  to  successor.  All  officers  who  shall 
have  in  their  hands  either  money,  public  property  or  papers  re¬ 
ceived  by  virtue  of  their  appointments,  shall,  when  they  leave  their 
office,  pay  and  deliver  the  same  to  their  successors  in  office. 

4871.  Accounts  for  public  property.  Every  officer  receiving  pub¬ 
lic  property  or  money  for  military  use  shall  be  accountable  for  the 
articles  so  received  by  him,  and  make  return  of  such  property  or 
money  at  such  times  and  in  such  manner,  and  on  such  forms,  as 
may  be  prescribed.  He  shall  be  liable  to  trial  by  court-martial 
upon  neglect  of  duty,  and  also  make  good  the  value  of  all  such 
property  or  money  defaced,  injured,  destroyed  or  lost  by  any  neg¬ 
lect  or  default  on  his  part,  to  be  recovered  in  an  action  at  law  to 
be  instituted  at  the  order  of  the  Adjutant  General.  All  money 
received  on  account  of  such  loss  or  damage  shall  be  paid  to  the 
Paymaster  General,  and  shall  be  accounted  for  in  his  return. 

III.  Discharges. 

4872.  Honorable  discharge ;  dismissal.  A  commissioned  officer 
may  be  honorably  discharged  upon  tender  of  resignation,  upon  dis¬ 
bandment  of  the  organization  to  which  he  belongs,  upon  the  report 
of  the  board  of  examination,  or  for  failure  to  appear  before  such 
board  when  ordered.  He  may  be  dismissed  upon  the  sentence  of  a 
court-martial  or  conviction  in  a  court  of  justice  of  an  infamous 
offense. 

4873.  Certificate  of,  given.  Every  soldier  discharged  from  the 
service  shall  be  furnished  with  a  certificate  of  such  discharge, 
which  shall  state  clearly  the  reasons  therefor.  Dishonorable  dis¬ 
charges  will  have  the  word  “Dishonorable”  written  or  printed 
diagonally  across  their  faces  in  large  characters  with  red  ink.  and 
the  re-enlistment  clause  will  be  erased  by  a  line. 

4874.  Honorable.  No  enlisted  man  shall  be  honorably  discharged 
before  the  expiration  of  his  term  of  service,  except  by  order  of  the 
commander  in  chief  and  for  the  following  reasons :  Upon  his  own 
application,  approved  by  the  commanding  officer  of  his  company 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


]  5 


and  by  superior  commanders;  when  not  in  active  service,  upon 
removal  from  the  county  in  which  the  organization  of  which  he  is 
a  member  is  situated ;  upon  disability,  established  by  certificate  of 
the  medical  officer;  to  accept  promotion  by  commission  whenever 
in  the  opinion  of  the  commander  in  chief  the  interest  of  the  service 
demands  such  discharge. 

4875.  Dishonorable'.  Enlisted  men  shall  be  dishonorably  dis-  Dishonorable 
charged  by  order  of  the  commander  in  chief,  to  carry  out  a  sen-  dlschar^e- 
tence  of  court-martial,  upon  conviction  of  felony  in  a  civil  court, 

upon  discovery  of  re-enlistment  after  previous  dishonorable  dis¬ 
charge. 

4876.  Lost  discharge  papers.  Duplicate  discharges  will  not  be  Certificate  in  lieu 
granted  to  enlisted  men.  Should  any  soldier  unavoidably  lose  his  papers*13^6 
discharge  papers,  a  certificate  (according  to  form  in  the  office  of 

the  Adjutant  General)  will  be  furnished  in  lieu  of  said  discharge 
paper,  upon  representation  of  the  facts  of  said  loss,  attested  by 
some  commissioned  officer  of  the  Guard  or  some  civil  magistrate. 

IV.  Courts- martial. 

4877.  How  formed  and  governed.  Courts-martial  for  the  active  Courts-martial 
militia  shall  be  governed  according  to  the  laws  and  regulations  of  Jegufation?  army 
the  United  States  Army.  The  military  courts  of  this  State  shall 

be  general  court,  garrison  court,  summary  court,  and  courts  of 
inquiry.  The  form  and  manner  in  which  proceedings  of  a  military 
court  shall  be  conducted  and  recorded,  and  the  forms  of  oaths  and 
affirmations  taken  in  the  administration  of  military  law  by  such 
courts,  and  the  limits  of  punishment  and  proceedings  in  revision, 
shall  be  governed  by  the  Articles  of  War,  and  the  law  and  proced¬ 
ure  of  the  courts-martial  of  the  United  States.  No  action  or  pro¬ 
ceeding  shall  be  prosecuted  or  maintained  against  a  member  of  a 
military  court,  or  against  an  officer  or  person  acting  under  its 
authority  or  reviewing  its  proceedings,  on  account  of  the  approval 
or  imposition  or  execution  of  any  sentence,  or  the  imposition  or 
collection  of  a  fine  or  penalty,  or  the  execution  of  any  warrant, 
writ,  execution,  process,  or  mandate  of  a  military  court. 

Presumption  of  jurisdiction.  The  jurisdiction  of  the  courts  and  Courts  and  boards 
board  established  by  this  chapter  shall  be  presumed,  and  the  bur-  furfsdiitfon?  h&ve 
den  of  proof  shall  rest  upon  any  person  seeking  to  oust  such  courts 
or  boards  of  jurisdiction  in  any  action  or  proceeding. 

Courts-martial  shall  have  the  power  to  try  any  officer  or  enlisted  Jurisdiction  of 
man  for  any  violations  of  any  of  the  Articles  of  War  of  the  United  courts-martial- 
States,  or  of  any  statute  of  the  State  of  North  Carolina  regulating 
the  government  of  the  militia,  and  upon  conviction  may  dishonor¬ 
ably  discharge  the  person  so  convicted  from  the  service,  or  impose 


16 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Commanding  offi¬ 
cers  to  bring  suits 
for  penalties. 


Judgment  on  pro¬ 
duction  of  record 
of  court-martial. 


Judge  advocate  to 
issue  subpoenas. 


Witnesses  to  be 
sworn. 


Form  of  oath. 


Uniform,  arms  and 
equipment  to  con¬ 
form  to  army  and 
navy. 


Arms  obtained  on 
application  of  com¬ 
pany  commander. 


a  penalty  not  to  exceed  fifty  dollars.  For  all  penalties  imposed  by 
court-martial  each  commanding  officer  of  the  organization  to  which 
the  convicted  party  belongs,  within  ten  days  after  the  penalty  has 
been  imposed,  shall  notify  the  delinquent  of  the  amount  of  the 
penalty;  and  if  said  delinquent  shall  neglect  or  refuse  to  pay  said 
penalty  within  ten  days  after  such  notice  is  given,  it  will  be  the 
duty  of  the  commanding  officer  to  bring  suit  on  behalf  of  the 
organization  to  which  the  delinquent  belongs  before  a  justice  of  the 
peace  of  the  county  in  which  said  delinquent  resides,  to  recover  the 
amount  of  the  penalty.  And  upon  the  production  in  court  of  the 
record  of  the  finding  and  sentence  of  the  court-martial,  the  justice 
of  the  peace  shall  give  judgment  against  the  defendant,  and  in 
favor  of  the  company  or  organization  to  which  defendant  belongs, 
for  the  amount  of  the  penalty  and  the  cost  of  the  action. 

4878.  Witnesses  before,  how  subpoenaed.  The  Judge  Advocate  of 
any  court-martial  constituted  according  to  this  chapter  may  issue 
a  summons,  in  the  nature  of  a  subpoena  in  criminal  cases,  directed 
to  any  sheriff  or  constable,  or  to  any  soldier,  to  summon  witnesses 
for  the  State  and  the  accused ;  and  the  persons  summoned  by  him 
shall  be  bound  to  attend  and  give  evidence  before  the  court-martial, 
under  the  same  penalties  as  in  criminal  actions,  and,  if  a  soldier, 
under  penalty  of  being  tried  and  punished  by  court-martial  for 
disobedience  of  orders. 

4879.  Witnesses  sworn.  All  witnesses  shall  be  sworn  by  the 
Judge  Advocate,  before  they  give  their  evidence,  as  in  criminal 
cases,  according  to  the  following  form  : 

“You, . .  do  swear  that  the  evidence  you  will  give 

to  the  court  in  the  case  between  the  State  and  C.  D.  shall  be  the 
truth,  the  whole  truth,  and  nothing  but  the  truth :  so  help  you, 
God.” 

V.  Arms  and  Equipment. 

4880.  Same  as  United  States  Army  and  Navy.  The  uniform,  arms 
and  equipment  of  the  militia  shall,  for  the  land  forces,  be  in  ac¬ 
cordance  with  the  regulations  governing  the  United  States  Army ; 
and  for  the  naval  forces,  in  accordance  with  the  regulations  gov¬ 
erning  the  United  States  Navy. 

4881.  How  obtained.  Each  company  of  the  National  Guard,  on 
application  by  the  commander  thereof  to  the  Adjutant  General, 
through  his  regimental  and  brigade  commander,  if  there  be  such, 
and  producing  satisfactory  evidence  that  the  law  in  relation  to  the 
distribution  of  public  arms  has  been  fully  complied  with,  shall  be 
furnished  with  such  appropriate  arms  and  equipment  as  shall  be 
determined  by  the  commander  in  chief,  upon  such  terms  and  under 
such  conditions  as  the  law  prescribes. 


REGULATIONS  FOR  TIIE  N.  C.  NATIONAL  GUARD. 


17 


4884.  Bond.  Commanders  of  regiments  and  companies,  and  all  Bonds  for  proper 

,  ,  care,  use  and 

other  officers  who  are  responsible  for  public  military  property,  shall  return  of  property. 

execute  and  deliver  to  the  Adjutant  General  a  bond,  payable  to 
the  State  of  North  Carolina,  in  a  sufficient  sum  and  with  sufficient 
sureties,  to  be  approved  by  the  Governor,  conditioned  for  the 
proper  care  and  use,  of  said  public  property,  and  the  return  of  the 
same,  when  ordered  by  competent  authority,  in  good  order,  ordi¬ 
nary  wear  and  unavoidable  loss  and  damage  excepted ;  and  in  case 
of  such  loss  or  damage,  to  immediately  furnish  the  Adjutant  Gen¬ 
eral  with  properly  attested  affidavits  setting  forth  all  the  facts 
attending  said  loss  or  damage. 

4885.  Care  and  return  of  military  property.  All  public  military  Property  to  be  kept 
property,  except  when  in  use  in  the  performance  of  military  duty,  m  armories* 
shall  be  kept  in  armories,  or  other  properly  designated  places  of 

deposit ;  and  it  shall  be  unlawful  for  any  person  charged  with  the 
care  and  safety  of  said  public  property  to  allow  the  same  out  of 
his  custody  except  as  above  specified. 

VI.  Public  Arms. 

4886.  Where  kept.  All  the  public  arms  of  every  description  be-  Public  arms  not 
longing  to  the  State,  which  may  not  be  distributed  among  the  mainin arsenal6" 
militia  according  to  law,  shall,  under  the  direction  of  the  Adjutant 

General,  be  deposited  and  kept  in  the  public  arsenal  established 
at  Raleigh.  __  • 

4887.  Keeper  of  the  arsenal.  The  Keeper  of  the  Capitol  shall,  Keeper  of  capitol 
under  the  direction  of  the  Adjutant  General,  have  charge  of  the  arsenal charge  °f 
arsenal  at  Raleigh.  The  Governor  may  make  such  provisions  as 

he  may  think  necessary  for  guarding  and  protecting  the  arsenals 
and  depots  of  arms,  and  for  the  purpose  of  defraying  the  expenses 
incurred  under  this  and  the  preceding  section  he  may,  upon  the  cer¬ 
tificate  of  the  Adjutant  General,  from  time  to  time  draw  on  the 
State  Treasurer  for  such  sums  as  may  be  necessary. 

4888.  Freight  on  public  arms  paid  out  of  general  fund.  The  Freight  to  be  paid. 
Auditor  of  the  State  is  hereby  authorized  and  directed  to  issue  his 

warrant  upon  the  State  Treasurer  for  the  payment  of  such  sums  as 
may  be  certified  by  the  Adjutant  General  and  the  Governor  to  be 
actually  necessary  to  pay  the  freight  upon  ammunition,  uniforms 
and  equipment  shipped  out  from  or  returned  to  the  State  arsenal. 

4889.  Kept  in  good  order.  Every  non-commissioned  officer  and  Arms  and  accou- 
private  belonging  to  any  company  equipped  with  public  arms  shall  keptln^od^rder. 
keep  and  preserve  his  arms  and  accouterments  in  good  order  and 

in  a  soldier-like  manner;  and  for  every  neglect  to  do  so  may  be 
punished  by  court-martial. 


2 


18 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Duplicate  receipts 
for  arms. 


Governor  to  dis¬ 
tribute  arms. 


Adjutant  general 
to  issue  orders. 


Arms  on  hand  to 
be  sent. 


North  Carolina 
national  guard. 

Limit  on  number. 


Enlistments. 


4890.  Receipts  taken  for,  when  distributed.  Every  officer  of  the 
militia  receiving  any  public  arms  shall  give  a  duplicate  receipt  for 
the  same  to  the  party  from  whom  he  receives  such  arms.  Upon 
distribution  of  any  arms  to  any  of  the  militia,  either  active  or 
inactive,  receipts  shall  be  taken  from  each  person  receiving  the 
same,  which  receipts  should  be  entered  in  a  bound  book,  which 
shall  at  all  times  be  open  to  the  inspection  and  examination  of  all 
officers  of  the  militia. 

4891.  Governor  to  send  out,  in  case  of  insurrection.  In  case  of 
insurrection  or  invasion,  or  a  probability  thereof,  the  Governor  is 
authorized  to  distribute  the  public  arms  and  send  them  to  such 
places  as  he  may  deem  necessary  and  expedient,  and  to  draw  war¬ 
rants  on  the  Treasurer  of  the  State  for  the  sums  necessary  for 
that  purpose. 

4892.  When  arms  loaned  to  military  schools.  The  said  arms 
shall  be  kept  in  the  arsenal  at  Raleigh,  and  upon  the  application 
of  the  principal  of  any  military  school  setting  forth  the  number  of 
students  and  the  number  of  arms  required,  and  giving  the  bond  as 
now  required  by  law,  it  shall  be  the  duty  of  the  Adjutant  General, 
under  the  direction  of  the  Governor,  to  issue  the  number  so  re¬ 
quired,  and  take  the  receipt  from  the  principal,  which  shall  be  filed 
as  similar  receipts  are  now  filed. 

4893.  Failure  of  Adjutant  General  to  draw  arms.  Should  the 
Adjutant  General,  under  the  direction  of  the  Governor,  fail  to  draw 
the  arms  specified,  then  it  shall  be  the*  Governor’s  duty,  upon  appli¬ 
cation  as  aforesaid,  to  issue  to  said  principal  any  arms  which  may 
be  in  the  said  arsenal. 

VII.  Active. 

4894.  How  designated.  The  active  militia  shall  be  known  and 
designated  as  the  North  Carolina  National  Guard. 

4895.  Number  limited.  The  National  Guard  of  North  Carolina 
shall  not  in  time  of  peace  consist  of  more  than  five  thousand 
officers  and  enlisted  men.  No  new  company  of  infantry  shall  be 
uniformed  and  equipped  as  long  as  any  existing  company  is  lacking 
in  any  part  of  the  equipment  necessary  to  fit  them  for  field  service. 

4896.  Who  may  enlist,  and  term  of  enlistment.  Able-bodied  men 
of  good  moral  character,  who  can  read  and  write,  between  the  ages 
of  eighteen  and  forty-five  years,  may  enlist  in  the  National  Guard ; 
such  enlistment  shall  be  for  a  period  of  three  years  and  made  by 
signing  duplicate  enlistment  papers  in  such  form  as  may  be  pre¬ 
scribed  by  the  Adjutant  General,  one  to  be  forwarded  to  him  by  the 
enlisting  officers  and  one  to  be  filed  with  the  records  of  the  com¬ 
pany  in  which  enlistment  is  made.  Minors  between  the  ages  of 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


19 


eighteen  and  twenty-one  years  may  be  enlisted  with  the  written 
consent  of  father,  only  surviving  parent,  or  legally  appointed 
guardian. 

4897.  When  ordered  out.  The  National  Guard  shall  be  liable  at  National  guard  to 
all  times  to  be  ordered  into  active  service.  The  commander  in  service.red  f°r 
chief  may  at  any  time,  upon  reasonable  apprehension  of  riot,  in¬ 
surrection  or  invasion,  or  for  any  other  reasonable  cause,  order  out 

such  portion  of  the  active  militia  as  he  may  deem  necessary.  Articles  of  war  to 
Whenever  any  portion  of  the  militia  shall  be  on  duty  under  or  pur-  be  enforced- 
suant  to  the  order  of  the  Governor,  or  other  competent  authority, 
or  shall  be  ordered  to  assemble  for  duty  in  time  of  war,  insurrec¬ 
tion,  invasion,  public  danger,  or  to  aid  the  civil  authorities  on 
account  of  any  breach  of  the  peace,  tumult,  riot,  resistance  to  legal 
process  of  this  State,  or  imminent  danger  thereof,  or  for  any  other 
cause,  the  Articles  of  War  governing  the  Army  of  the  United  States, 
and  the  regulations  prescribed  for  the  Army  of  the  United  States, 
as  far  as  such  regulations  are  consistent  with  this  chapter  and  the 
regulations  issued  thereunder,  shall  be  enforced  and  regarded  as  a 
part  of  this  chapter  until  said  forces  shall  be  duly  relieved  from 
such  duty.  As  to  offenses  committed,  when  such  Articles  of  War  Powers  of  courts- 
are  so  enforced,  courts-martial  shall  possess,  in  addition  to  the martial- 
jurisdiction  and  power  of  sentence  and  punishment  herein  vested 
in  them,  all  additional  jurisdiction  and  power  of  sentence  and  pun¬ 
ishment  exercisable  by  like  courts  under  such  Articles  of  War  or 
regulations  or  laws  governing  the  United  States  Army,  or  the  cus¬ 
toms  and  usages  thereof ;  but  no  punishment  under  such  rules  and 
articles  which  will  extend  to  the  taking  of  life  shall  in  any  case 
be  inflicted  except  in  time  of  war,  invasion,  or  insurrection,  de¬ 
clared  by  a  proclamation  of  the  Governor  to  exist,  and  then  only 
after  approval  by  the  Governor  of  the  sentence  inflicting  such  pun¬ 
ishment.  Imprisonment  other  than  in  guard-house  shall  be  exe¬ 
cuted  in  jails  or  prisons  designated  by  the  Governor  for  that  pur¬ 
pose. 

4898.  Divided  into  land  and  naval  forces.  The  commander  in  Organization, 
chief  may  organize  the  National  Guard  into  such  brigades,  regi¬ 
ments,  battalions,  batteries,  companies  or  unattached  companies  as 

he  may  think  best  for  the  public  service,  and  may  allow  to  be 
enrolled  not  more  than  six  companies,  to  be  designated  as  divisions, 
which  shall  constitute  the  Naval  Brigade  of  North  Carolina  Naval  brigade. 
National  Guard. 

4899.  Maintenance  of.  There  shall  be  allowed  annually  to  each  Allowance  to 
commander  of  an  infantry  brigade,  naval  brigade,  and  regiment  of  brigadel’anTrlgi- 
inf antry,  $300,  with  which  to  defray  the  necessary  expenses  in-  ments* 
curred  in  the  discharge  of  the  duties  of  his  office.  There  shall  be  Allowance  to  in- 
allowed  likewise  annually  to  each  company  of  the  land  forces  and  ind^valdfvisions. 


20 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Allowance  to  field 
artillery. 


Allowance  to  band. 

Allowance  to  de¬ 
tachments  of 
hospital  corps. 
Further  allowance. 


Itemized  state¬ 
ments  of  expendi¬ 
tures. 


Proviso:  location  of 
organizations. 


Proviso:  limit  of 
appropriation. 

Advisory  board. 


naval  division  in  the  Guard,  not  exceeding  thirty-six  companies  of 
infantry,  one  signal  corps  company,  and  six  divisions  of  naval  mili¬ 
tia,  which  complies  with  the  law  and  regulations  governing  the 
same,  the  sum  of  $250,  and  to  a  battery  of  field  artillery  the  same 
sum  under  like  restrictions,  to  be  applied  to  the  payment  of  all 
necessary  expenses  of  the  respective  organizations;  also  to  each 
regimental  band  $250  per  annum,  to  be  paid  to  the  regimental 
adjutant  under  the  same  restrictions,  and  to  each  detachment  of 
the  hospital  corps  $75  per'  annum  under  the  same  restrictions; 
also  to  each  commander  of  a  company,  battery  or  division  organi¬ 
zation  $100  per  annum,  to  be  used  for  the  care  and  preservation  of 
all  State  and  government  property  in  his  hands.  An  itemized 
statement  of  receipts  and  disbursements  showing  how  the  same  has 
been  expended  shall  on  December  first  of  each  year  be  rendered  to 
the  Paymaster  General.  The  appropriations  and  allowances  herein 
provided  for  shall  be  paid  in  semi-annual  installments,  but  shall 
not  be  paid  unless  the  company,  battery,  band,  or  other  organiza¬ 
tion  indicated  shall  perform  all  the  drills  and  parades  required  by 
law,  and  at  the  annual  inspection  thereof  shall  have  paraded  with 
at  least  seventy-five  per  cent,  of  its  enrolled  active  members :  Pro¬ 
vided,  that  such  companies,  divisions  or  other  organizations  shall 
be  located  on  lines  of  railroad,  steamboat  or  telegraphic  communi¬ 
cation  :  And  provided  further,  that  no  larger  amount  shall  be  ex¬ 
pended  for  the  maintenance  of  the  Guard  than  the  sum  of  $16,000. 

4900.  Advisory  hoard.  There  shall  be  an  Advisory  Board,  of 
which  the  commander  in  chief  shall  be  ex  officio  president,  com¬ 
posed  of  the  Adjutant  General,  the  Commander  of  the  First  Brig¬ 
ade,  the  Quartermaster  General,  and  the  commanding  officers  of  the 
three  infantry  regiments,  which  shall  meet  from  time  to  time  wffien 
ordered  by  the  commander  in  chief,  and  which  shall  have  jurisdic¬ 
tion  and  control  over  all  administrative  affairs  of  the  Guard,  sub¬ 
ject  to  the  laws  and  regulations  prescribed  for  the  government  of 
the  Guard. 

VIII.  Active — Officers. 


Brigadier  general.  4901.  Brigade  officers.  The  commander  in  chief  shall  appoint  a 
Brigadier  General  to  command  the  National  Guard  of  the  State  as 
now  organized,  and  whenever  it  shall  become  necessary  to  organize 
the  same  into  more  than  one  brigade,  the  commanders  of  such  brig- 
Brigade  staff.  ades  shall  be  appointed  by  the  commander  in  chief.  The  staff 
officers  of  the  brigade  shall  be  nominated  by  the  permanent  com¬ 
mander  thereof. 

Commissioned  and  4902.  Regimental  and  company  officers.  '  There  shall  be  to  each 

officersnmiSS1°ned  organization  of  the  North  Carolina  National  Guard  the  same  com¬ 
missioned  and  non-commissioned  officers  as  are  prescribed  for  the 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


21 


United  States  Army,  and  the  Governor  may  by  general  order  fix  the 
number  of  enlisted  men. 

4903.  Officers  to  he  examined.  Every  person  accepting  an  office  Examining  board, 
in  the  National  Giflard  shall  as  early  as  practicable,  and  when 

ordered  by  the  commander  in  chief,  appear  before  an  examining 
board  to  be  appointed  by  the  commander  in  chief,  which  board 
shall  examine  said  officer  as  to  his  military  and  other  qualifications. 

4904.  Regimental  officers,  how  elected.  Field  officers  of  regiments  Election  of  field 
and  battalions,  and  of  corresponding  grades  in  the  naval  brigade,  °  cers‘ 
shall  be  elected  by  the  commissioned  officers  of  the  regiments  and 

naval  brigade ;  and  company,  battery,  troop,  and  naval  division  Line  officers, 
officers  shall  be  elected  by  the  enlisted  men  of  such  company,  bat¬ 
tery,  troop,  and  naval  division,  at  such  time  and  place  as  may  be 
fixed  by  the  commander  in  chief ;  and  such  officers  shall  hold  office 
until  vacancies  occur,  either  by  promotion,  resignation,  removal,  or 
death.  The  regimental  staff  officers  shall  be  nominated  by  the  per-  Regimental  staff, 
manent  commander  thereof. 

4905.  Elections  to  fill  vacancies  in  line  officers.  The  commander  Elections  to  fill 
in  chief  shall  order  elections  to  fill  all  vacancies  occurring  among  vacancies- 
the  line  officers  of  the  National  Guard. 

4906.  Retirement  of  officers.  Whenever  an  officer  of  ten  years’  Retirement  after 
service  and  upwards  makes  application  for  retirement,  he  may,  by  en  years  servlce* 
consent  of  the  commander  in  chief,  be  retired  with  the  next  higher 

grade,  and  all  officers  now  on  the  retired  list  of  the  National  Guard 
of  this  State  are  advanced  one  grade.  When  an  officer  reaches  the 
age  of  sixty-four  years  he  may  be  retired  by  the  commander  in 
chief. 

IX.  Active — Inspection. 

4907.  Annual  inspection.  The  Inspector  General,  or  his  assist-  Guard  to  be  in¬ 
ants,  shall  annually  inspect  all  organizations  in  the  National spected  annually* 
Guard,  at  such  times  and  places  as  the  commander  in  chief  may 

direct.  No  person  shall  be  permitted  in  the  ranks  at  the  annual 
inspection,  nor  shall  any  officer  or  enlisted  man  be  accepted  or 
mustered,  who  is  not  uniformed,  armed  and  equipped  according  to 
regulations.  The  officer  making  the  annual  inspection  shall  be  paid  Pay  of  officer  mak- 
*  for  his  services  as  prescribed  in  section  four  thousand  eight  hun- ing  lnspectlon- 
dred  and  fifty-eight. 

4908.  Arms  to  he  annually  inspected.  Whenever  required  by  the  Arms  to  be  in¬ 
commander  in  chief,  the  Inspector  General,  or  his  assistants,  shall  ?equiredWhen 
inspect  the  arms  and  equipments  in  the  possession  of  any  schools, 

persons,  or  associations,  which  have  been  issued  by  the  State,  and 
the  expense  of  such  inspection  shall  be  paid  by  the  State  upon  the 
approval  of  the  Governor. 


22 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Encampments  and 
practice  marches. 

Proviso:  naval 
reserves. 

Proviso:  disburse¬ 
ments  for  naval 
militia. 


Companies  or  di¬ 
visions  disbanded. 


Failure  to  appear. 


Falsifying  muster- 
rolls. 


Punishment. 


Certificate  of 
membership. 


Contributing  mem¬ 
bers. 


4909.  Encampments.  The  commander  in  chief  may  annually 
order  into  camp,  or  on  practice  marches,  such  portions  of  the 
National  Guard  as  he  may  deem  best  for  the  service :  Provided, 
that  in  place  of  encampments  or  practice  marches  the  naval  militia 
may  perform  service  afloat:  Provided  further,  that  the  same 
amount  of  money  per  capita  may  be  disbursed  annually  for  the 
naval  militia  as  for  the  land  forces  for  the  purpose  of  encamp¬ 
ments,  practice  marches,  or  for  service  afloat. 

X.  Active — Disbanded. 

4910.  When.  Whenever  any  company  or  division  of  the  National 
Guard  for  a  period  of  ninety  days  is  found  to  contain  less  than  the 
minimum  number  of  men  prescribed  by  regulations,  or  upon  a  duly 
ordered  inspection  shall  be  found  to  have  fallen  below  the  proper 
standard  of  efficiency,  the  commander  in  chief  may  disband  the 
same  and  grant  honorable  discharges  to  the  officers  and  enlisted 
men  of  such  company. 

4911.  Punishment  for  failure  to  appear.  Every  member  of  the  » 
militia  ordered  out,  or  who  volunteers  or  is  drafted,  who  does  not 
appear  at  the  time  and  place  designated  by  his  commanding  officer 
within  twenty-four  hours  from  such  time,  or  who  does  not  produce 

a  sworn  certificate  of  physical  disability  from  a  physician  in  good 
standing,  to  so  appear,  shall  be  taken  to  be  a  deserter,  and  dealt 
with  as  prescribed  in  the  Articles  of  War  of  the  United  States. 

4912.  Falsifying  muster-rolls,  penalty.  Any  officer  who  know¬ 
ingly  or  willfully  shall  place,  or  cause  to  be  placed,  on  any  muster- 
roll  the  name  of  any  person  not  regularly  or  lawfully  enlisted,  or 
the  name  of  any  enlisted  man  who  is  dead  or  who  has  been  dis¬ 
charged,  transferred,  or  has  lost  membership  for  any  cause  what¬ 
soever,  or  who  has  been  convicted  of  any  infamous  crime,  shall  be 
tried  by  court-martial,  and  upon  conviction  be  dismissed  from  the 
service. 

XI.  Company  Organization. 

4913.  Certificate  of  member  ship.  The  commanding  officer  of 
every  company  shall,  on  the  application  of  any  officer,  musician  or 
private  of  his  command,  deliver  to  him  a  certificate  stating  that 
such  person  is  a  member  of  his  command,  and  whether  he  is  uni¬ 
formed,  armed  and  equipped,  and  whether  he  has  complied  with  all 
military  duties.  Such  certificate,  when  dated  within  six  months, 
shall  be  presumptive  evidence  of  the  matter  therein  stated,  and 
shall  exempt  the  holder  from  jury  duty. 

4914.  Contributing  members.  Each  company  may,  besides  its 
regular  and  active  members,  enroll  twenty-five  contributing  mem¬ 
bers  on  payment  in  advance  by  each  person  desiring  to  become  such 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


23 


contributing  member  of  not  less  than  ten  dollars  per  annum,  which 
money  shall  be  paid  into  the  company  treasury  and  be  applied  to 
the  purchase  of  uniforms  for  the  rank  and  file  of  the  active  mem¬ 
bers  of  the  company,  or  to  such  purposes  as  may  be  authorized  by 
such  company. 

4915.  Certificate  of  contributing  members.  Each  contributing  Certificates  to  con- 

.  ,  ,  ...  tribu  ting  members. 

member  of  every  legally  organized  company  shall  be  entitled  to 
receive  from  the  commanding  officer  thereof  a  certificate  of  mem¬ 
bership,  which  certificate  shall  exempt  the  holder  thereof  from  jury 


duty. 

4916.  May  own  personal  property.  Organizations  of  the  National  Organizations  may 
Guard  shall  have  the  right  to  own  and  keep  personal  property,  property!0”*1 
which  shall  belong  to  and  be  under  the  control  of  the  active  mem¬ 
bers  thereof ;  and  the  commanding  officer  of  any  organization  may 

recover  for  its  use  any  debts  or  effects  belonging  to  it,  or  damages 
for  injury  to  such  property,  action  for  such  recovery  to  be  brought 
in  the  name  of  the  commanding  officer  thereof  before  any  court  of 
justice  within  the  State,  and  no  suit  or  complaint  pending  in  his 
name  shall  be  abated  by  his  ceasing  to  be  commanding  officer  of  the 
organization ;  but  upon  motion  of  the  commander  succeeding  him 
such  commander  shall  be  admitted  to  prosecute  the  suit  or  com¬ 
plaint  in  like  manner  and  with  like  effect  as  if  it  had  been  origi¬ 
nally  commenced  by  him. 

4917.  Companies  may  make  rules  and  regulations.  Each  company  Rules  and  regula- 
or  division  of  the  National  Guard  shall  have  power  to  prescribe  co°mpanfeSsribed  by 
such  rules  and  regulations  for  its  government  as  they  may  think 

proper,  and  fix  such  fines  for  absence  from  parades  and  drills  as 
may  be  reasonable  and  not  inconsistent  with  the  laws  relating  to 
the  National  Guard  and  the  regulations  prescribed  therefor  by  the 
commander  in  chief.  A  copy  of  such  constitution  and  by-laws  shall 
be  filed  in  the  Adjutant  General’s  office. 


XII.  Active — Naval. 

4918.  Performs  same  duty  as  land  forces.  The  naval  militia  Organization  of 
shall  be  organized  on  the  basis  provided  in  section  four  thousand  naval  miIltia' 
eight  hundred  and  ninety-eight  of  this  chapter.  Officers  and  en¬ 
listed  men  of  the  naval  militia  may  be  required  to  perform  the 

same  duty  in  each  year  as  the  land  forces,  except  that  duty,  in 
whole  or  in  part,  may  in  the  discretion  of  the  commander  in  chief 
be  performed  afloat. 

4919.  System  of  discipline.  The  system  of  discipline  shall  con-  System  of  dis- 
form  generally  to  that  of  the  Navy  of  the  United  States  and  as  clplme* 
closely  to  that  of  the  land  forces  of  this  State  as  the  difference  in 

the  two  services  will  allow. 


24 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Naval  brigade. 


Battalion  officers. 


Division  officers. 


Battalion  staff. 


Relative  rank. 


National  officers 
detailed  as  in¬ 
structors. 


Inactive  militia 
may  be  ordered 
out. 


4920.  May  be  organized  into  a  brigade.  The  naval  divisions  may 
be,  by  order  of  the  commander  in  chief,  organized  into  a  brigade 
of  not  less  than  two  battalions.  The  commander  in  chief  shall 
appoint  a  commander  of  such  brigade,  who  shall  nominate  his  own 
staff. 

4921.  How  officered  and  organized.  A  battalion  of  two  or  more 
divisions  shall  be  commanded  by  a  commander,  with  a  lieutenant 
commander  as  executive  officer,  and  a  lieutenant  as  navigator  and 
ordnance  officer.  These  latter  shall  be  in  the  order  named  next  in 
rank  and  in  succession  to  the  commander.  Each  division  shall  be 
commanded  by  a  lieutenant,  with  one  lieutenant  junior  grade,  one 
ensign,  and  thirty-six  petty  officers  and  enlisted  men  as  a  minimum, 
and  seventy-five  petty  officers  and  enlisted  men  as  a  maximum.  To 
each  division  there  may  be  also  added  eight  others  who  shall  have 
practical  knowledge  of  electricity  or  of  the  management  of  steam 
machinery. 

4922.  Battalion  commander  to  appoint  staff.  The  commanding 
officer  of  the  battalion  as  now  organized  shall  have  power  to  nomi¬ 
nate  a  staff  to  consist  of  a  surgeon,  paymaster  and  a  chaplain,  each 
with  the  rank  of  lieutenant,  and  an  adjutant  with  the  rank  of  lieu¬ 
tenant  junior  grade,  and  the  following  petty  officers:  One  master- 
at-arms,  one  chief  boatswain’s  mate,  one  chief  gunner’s  mate,  one 
yeoman,  one  apothecary,  one  chief  bugler.  The  commander  in 
chief  shall  have  the  powder  to  authorize  additional  officers  when 
necessary. 

4923.  Naval  rank.  The  rank  of  officers  in  the  naval  forces  is 
“naval  rank”  and  corresponds  to  rank  in  the  land  forces  as  fol¬ 
lows  :  captain  with  colonel ;  commander  with  lieutenant  colonel ; 
lieutenant  commander  with  major;  lieutenant  with  captain;  lieu¬ 
tenant  junior  grade  with  first  lieutenant ;  ensign  with  second  lieu¬ 
tenant;  petty  officers  with  non-commissioned  officers,  and  enlisted 
men  with  privates. 

4924.  Governor  may  apply  for  instructors.  The  Governor  is 
authorized  to  apply  to  the  President  of  the  United  States  for  the 
detail  of  commissioned  and  petty  officers  of  the  Navy  to  act  as 
inspectors  and  instructors. 

XIII.  Inactive. 

4925.  May  be  ordered  out.  The  commander  in  chief  may  at  any 
time,  in  order  to  execute  the  law,  suppress  riots  or  insurrection, 
or  repel  invasion,  in  addition  to  the  active  militia,  order  out  the 
whole  or  any  part  of  the  inactive  militia.  When  the  militia  of  this 
State  or  a  part  thereof  is  called  forth  under  the  Constitution  and 
laws  of  the  United  States,  the  Governor  shall  order  out  for  service 


REGULATIONS  FOB  THE  N.  C.  NATIONAL  GUARD. 


25 


the  active  militia,  or  such  part  thereof  as  may  be  necessary,  and 
if  the  number  available  be  insufficient,  he  shall  order  out  such  part 
of  the  reserve  militia  as  he  may  deem  necessary.  During  the  ab¬ 
sence  of  organizations  of  the  National  Guard  in  the  service  of  the 
United  States  their  State  designations  shall  not  be  given  to  new 
organizations. 

4926.  How  ordered  out.  The  commander  in  chief  shall,  when  Number  ordered 
ordering  out  the  inactive  militia,  designate  the  number  ordered  out.  nated.be  desiff' 

He  may  order  them  out  either  by  calling  for  volunteers  or  by  draft. 

He  may  attach  them  to  the  several  organizations  of  the  active 
militia  or  organize  them  into  separate  brigades,  regiments,  bat¬ 
talions  or  companies,  as  may  be  best  for  the  service. 

4927.  How  drafted.  If  the  inactive  militia  is  ordered  out  by  Draft, 
draft,  the  commander  in  chief  shall  designate  the  persons  in  each 
county  to  make  the  draft,  and  prescribe  rules  and  regulations  for 
conducting  the  same. 

4928.  Roll  of  inactive  militia.  The  Register  of  Deeds  of  each  Rolls  of  inactive 
county  shall,  on  the  first  Monday  in  October  of  the  year  one  thou- miIltia  to  be  made- 
sand  nine  hundred  and  six,  and  quadrennially  thereafter,  make  out 

from  the  tax  list  of  his  county  an  alphabetical  list  of  all  able- 

bodied  male  persons  between  the  ages  of  twenty-one  and  forty 

years,  resident  in  his  county  and  who  are  not  enrolled  in  the  active 

militia,  and  shall  forward  the  same  on  or  before  the  fifteenth  of  Rolls  forwarded  to 

the  month  to  the  Adjutant  General.  The  whites  and  negroes  shall  Separate  enroll-1, 

be  enrolled  separately,  and  shall  be  designated.  These  rolls  shall ment* 

constitute  the  rolls  of  the  inactive  militia.  For  this  service  the 

Register  of  Deeds  shall  receive  one  cent  for  every  ten  names,  to  be 

paid  by  the  county.  The  rolls  so  made  up  shall  be  used  in  making 

all  drafts  from  the  inactive  militia. 

4929.  Subject  to  same  regulations  as  active.  Whenever  any  part  Subject  to  reg-uia- 
of  the  inactive  militia  is  ordered  out,  it  shall  be  governed  by  the tlons  and  penalties- 
same  rules  and  regulations  and  subject  to  the  same  penalties  as  the 

active  militia. 

General  Provisions. 

4930.  Pay  and  care  when  injured  or  disabled  in  service.  An  Pay  and  care  when 
active  member  of  the  National  Guard  who  shall,  when  on  duty  or  fn^vieef injured 
assembled  therefor,  in  case  of  riot,  tumult,  breach  of  the  peace, 
insurrection,  or  invasion,  or  whenever  ordered  by  the  Governor, 
commanding  officer  of  the  National  Guard,  or  called  in  aid  of  the 

civil  authorities,  receive  any  injury,  or  incur  or  contract  any  dis¬ 
ability  or  disease,  by  reason  of  such  duty  or  assembly  therefor,  or 
w;ho  shall  without  fault  or  neglect  on  his  part  be  wounded  or  dis¬ 
abled  while  performing  any  lawfully  ordered  duty,  which  shall  tem¬ 
porarily  incapacitate  him  from  pursuing  his  usual  business  or  occu- 


26 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


pation,  shall,  during  the  period  of  such  incapacity,  receive  the 
actual  necessary  expenses  for  care  and  medical  attendance,  to  be 
paid  out  of  the  State  Treasury,  from  funds  not  otherwise  appro¬ 
priated. 

Trespassers  and  4931.  Trespassers  and  disturbers  to  be  placed  in  arrest;  liquors 
puUn^rrest.136  an ^  huckster  sales  prohibited.  The  commanding  officer  upon  any 

occasion  of  duty  may  place  in  arrest  during  the  continuance  thereof 
any  person  who  shall  trespass  upon  the  camp-ground,  parade 
ground,  armory,  or  other  place  devoted  to  such  duty,  or  shall  in 
%  any  way  or  manner  interrupt  or  molest  the  orderly  discharge  of 

duty  by  those  under  arms,  or  shall  disturb  or  prevent  the  passage 
Sale  of  liquor  and  of  troops  going  to  or  returning  from  any  duty.  He  may  prohibit 
biddeSn.er  SaleS  f °r"  and  prevent  the  sale  or  use  of  all  spirituous  liquors,  wine,  ale,  or 
beer,  the  holding  of  huckster  or  auction  sales,  and  all  gambling 
within  the  limits  of  the  post,  camp-giymnd,  place  of  encampment, 
parade  or  drill  under  his  command,  or  within  such  limits  not  ex¬ 
ceeding  one  mile  therefrom  as  he  may  prescribe.  And  he  may  in 
his  discretion  abate  as  common  nuisances  all  such  sales. 

Sec.  2.  All  laws  and  clauses  of  laws  in  conflict  with  the  pro¬ 
visions  of  this  act  are  hereby  repealed. 

Sec.  3.  This  act  shall  be  in  force  and  effect  from  and  after  its 
ratification. 

In  the  General  Assembly  read  three  times,  and  ratified  this  the 
11th  day  of  March,  A.  D.  1907. 


REGULATIONS  FOE,  THE  N.  C.  NATIONAL  GUARD. 


27 


ARTICLE  L 

ARTICLES  OF  WAR. 

1.  The  Articles  of  War  of  the  United  States  apply  to  the  militia 
by  virtue  of  Par.  16,  Sec.  8,  Art.  I,  of  the  Constitution  of  the 
United  States.  Inasmuch  as  many  of  these  articles  are,  from 
their  universality,  deficient  in  direct  application  to  the  militia  in 
State  service,  those  articles  which  clearly  apply  thereto  will  be 
followed,  and  those  which  have  been  made  applicable  by  North 
Carolina  statutes  or  orders  will  be  followed  as  modified. 

Section  1342,  U.  S.  Revised  Statutes.  The  armies  of  the  United 
States  shall  be  governed  by  the  following  rules  and  articles.  The 
word  officer,  as  used  therein,  shall  be  understood  to  designate  com¬ 
missioned  officers ;  the  word  soldier  shall  be  understood  to  include 
non-commissioned  officers,  musicians,  artificers,  privates,  and  other 
enlisted  men,  and  the  convictions  mentioned  therein  shall  be  under¬ 
stood  to  be  convictions  by  court-martial. 

Article  1.  Every  officer  now  in  the  army  of  the  United  States 
shall,  within  six  months  from  the  passing  of  this  act,  and  every 
officer  hereafter  appointed  shall,  before  he  enters  upon  the  duties 
of  his  office,  subscribe  these  rules  and  articles. 

Art.  2.  These  rules  and  articles  shall  be  read  to  every  enlisted 
man  at  the  time  of  or  within  six  days  after  his  enlistment,  and 
he  shall  thereupon  take  the  oath  or  affirmation  in  the  following 
form:  “I,  A.  B.,  do  solemnly  swear  (or  affirm)  that  I  will  bear 
true  faith  and  allegiance  to  the  United  States  of  America ;  that  I 
will  serve  them  honestly  and  faithfully  against  all  their  enemies 
whomsoever,  and  that  I  will  obey  the  orders  of  the  President  of 
the  United  States  and  the  orders  of  the  officers  appointed  over 
me,  according  to  the  rules  and  Articles  of  War.”  This  oath  may 
be  taken  before  any  commissioned  officer  of  the  Army. 

Art.  3.  Every  officer  who  knowingly  enlists  or  musters  into  the 
military  service  any  minor  over  the  age  of  16  years  without  the 
written  consent  of  his  parents  or  guardian,  or  any  minor  under 
the  age  of  16  years,  or  any  insane  or  intoxicated  person,  or  any 
deserter  from  the  military  or  naval  service  of  the  United  States, 
or  any  person  who  has  been  convicted  of  any  infamous  criminal 
offense,  shall,  upon  conviction,  be  dismissed  from  the  service,  or 
suffer  such  other  punishment  as  a  court-martial  may  direct. 

Art.  4.  No  enlisted  man,  duly  sworn,  shall  be  discharged  from 
the  service  without  a  discharge  in  writing,  signed  by  a  field  officer 
of  the  regiment  to  which  he  belongs,  or  by  the  commanding  officer 
when  no  field  officer  is  present;  and  no  discharge  shall  be  given 


Officers  shall 
subscribe  these 
articles. 


Articles  to  be  read 
to  recruits. 


Officers  making 
unlawful  enlist¬ 
ments. 


Discharges. 


28 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Mustering  persons 
not  soldiers. 


Taking  money  on 
mustering. 


Returns  of 
regiments,  etc. 


False  returns. 


Captured  stores. 


Accountability 
for  arms,  etc. 


Furloughs. 


to  an  enlisted  man  before  his  term  of  service  has  expired,  ex¬ 
cept  by  order  of  the  President,  the  Secretary  of  War,  the  com¬ 
manding  officer  of  a  department,  or  by  sentence  of  a  general  court- 
martial. 

Art.  5.  Any  officer  who  knowingly  musters  as  a  soldier  a  per¬ 
son  who  is  not  a  soldier  shall  be  deemed  guilty  of  knowingly  mak¬ 
ing  a  false  muster,  and  punished  accordingly. 

Art.  6.  Any  officer  who  takes  money,  or  other  thing,  by  way  of 
gratification,  on  mustering  any  regiment,  troop,  battery,  or  com¬ 
pany,  or  on  signing  muster  rolls,  shall  be  dismissed  from  the 
service,  and  shall  thereby  be  disabled  to  hold  any  office  or  employ¬ 
ment  in  the  service  of  the  United  States. 

Art.  7.  Every  officer  commanding  a  regiment,  an  independent 
troop,  battery,  or  company,  or  a  garrison,  shall,  in  the  beginning 
of  every  month,  transmit  through  the  proper  channels  to  the  De¬ 
partment  of  War  an  exact  return  of  the  same,  specifying  the  names 
of  the  officers  then  absent  from  their  posts,  with  the  reasons  for 
and  the  time  of  their  absence.  And  any  officer  who,  through  neg¬ 
lect  or  design,  omits  to  send  such  returns,  shall,  on  conviction 
thereof,  be  punished  as  a  court-martial  may  direct. 

Art.  8.  Every  officer  who  knowingly  makes  a  false  return  to 
the  Department  of  War,  or  to  any  of  his  superior  officers  author¬ 
ized  to  call  for  such  returns,  of  the  state  of  the  regiment,  troop 
or  company,  or  garrison  under  his  command ;  or  of  the  arms,  am¬ 
munition,  clothing,  or  other  stores  thereunto  belonging,  shall,  on 
conviction  thereof  before  a  court-martial,  be  cashiered. 

Art.  9.  All  public  stores  taken  from  the  enemy  shall  be  secured 
for  the  service  of  the  United  States ;  and  for  neglect  thereof  the 
commanding  officer  shall  be  answerable. 

Art.  10.  Every  officer  commanding  a  troop,  battery,  or  com¬ 
pany,  is  charged  with  the  arms,  accouterments,  ammunition,  cloth¬ 
ing,  or  other  military  stores  belonging  to  his  command,  and  is 
accountable  to  his  colonel  in  case  of  their  being  lost,  spoiled,  or 
damaged  otherwise  than  by  an  unavoidable  accident,  or  in  actual 
service. 

Art.  11.  Every  officer  commanding  a  regiment  or  an  independ¬ 
ent  troop,  battery,  or  company,  not  in  the  field,  may,  when  actually 
quartered  with  such  command,  grant  furloughs  to  the  enlisted 
men,  in  such  numbers  and  for  such  time  as  he  shall  deem  consist¬ 
ent  with  the  good  of  the  service.  Every  officer  commanding  a  regi¬ 
ment,  or  an  independent  troop,  battery,  or  company,  in  the  field, 
may  grant  furloughs  not  exceeding  thirty  days  at  one  time  to 
five  per  centum  of  the  enlisted  men,  for  good  conduct  in  the  line 
of  duty,  but  subject  to  the  approval  of  the  commander  of  the 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


29 


forces  of  which  said  enlisted  men  form  a  part.  Every  company 
officer  of  a  regiment,  commanding  any  troop,  battery,  or  company 
not  in  the  field,  or  commanding  in  any  garrison,  fort,  post,  or  bar¬ 
rack,  may,  in  the  absence  of  his  field  officer,  grant  furloughs  to 
the  enlisted  men,  for  a  time  not  exceeding  twenty  days  in  six 
months,  and  not  to  more  than  two  persons  to  be  absent  at  the 
same  time. 

Art.  12.  At  every  muster  of  a  regiment,  troop,  battery,  or  com-  Musters, 
pany,  the  commanding  officer  thereof  shall  give  to  the  mustering 
officer  certificates,  signed  by  himself,  stating  how  long  absent  offi¬ 
cers  have  been  absent  and  the  reasons  of  their  absence.  And 
the  commanding  officer  of  every  troop,  battery,  or  company  shall 
give  like  certificates,  stating  how  long  absent  non-commissioned 
officers  and  private  soldiers  have  been  absent  and  the  reasons  of 
their  absence.  Such  reasons  and  time  of  absence  shall  be  inserted 
in  the  muster  rolls  opposite  the  names  of  the  respective  absent 
officers  and  soldiers,  and  the  certificates,  together  with  the  muster 
rolls,  shall  be  transmitted  by  the  mustering  officer  to  the  Depart¬ 
ment  of  War,  as  speedily  as  the  distance  of  the  place  of  muster 
will  admit. 

Art.  13.  Every  officer  who  signs  a  false  certificate,  relating  to  False  certificates, 
the  absence  or  pay  of  an  officer  or  soldier,  shall  be  dismissed  from 
the  service. 

Art.  14.  Any  officer  who  knowingly  makes  a  false  muster  of  False  muster, 
man  or  horse,  or  who  signs,  or  directs,  or  allows  the  signing  of  any 
muster  roll,  knowing  the  same  to  contain  a  false  muster,  shall, 
upon  proof  thereof  by  two  witnesses,  before  a  court-martial,  be 
dismissed  from  the  service,  and  shall  thereby  be  disabled  to  hold 
any  office  or  employment  in  the  service  of  the  United  States. 

Art.  15.  Any  officer  who,  willfully  or  through  neglect,  suffers  Allowing  military 
to  be  lost,  spoiled,  or  damaged,  any  military  stores  belonging  to  s  to  be  dam" 
the  United  States,  shall  make  good  the  loss  or  damage,  and  be  dis¬ 
missed  from  the  service. 

Art.  16.  Any  enlisted  man  who  sells,  or  willfully  or  through  Wasting  ammuni- 
neglect,  wastes  the  ammunition  delivered  out  to  him,  shall  be  pun-  lon' 
ished  as  a  court-martial  may  direct. 

Art.  17.  Any  soldier  who  sells,  or  through  neglect  loses  or  Offense  of  selling 
spoils  his  horse,  arms,  clothing,  or  accouterments,  shall  be  pun-  orse’  arms’ e  c‘ 
ished  as  a  court-martial  may  adjudge,  subject  to  such  limitation 
as  may  be  prescribed  by  the  President  by  virtue  of  the  power 
vested  in  him.  (Act  of  July  27,  1892). 

Art.  18.  Any  officer  commanding  in  any  garrison,  fort,  or  bar-  Commanders  not 
racks  of  the  United  States  who,  for  his  private  advantage,  lays  t0  graft  on  stores* 
any  duty  or  imposition  upon,  or  is  interested  in,  the  sale  of  any 


30 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Disrespect  to 
president  et  al. 


Disrespect  to  com¬ 
manding  officer. 


Striking  superior 
officer. 


Mutiny. 


Failing  to  resist 
mutiny. 


Quarrels  and  frays. 


Reproachful  or 

provoking 

speeches. 


victuals,  liquors,  or  other  necessities  of  life  brought  into  such  gar¬ 
rison,  fort,  or  barracks,  for  the  use  of  the  soldiers,  shall  be  dis¬ 
missed  from  the  service. 

Art.  19.  Any  officer  who  uses  contemptuous  or  disrespectful 
words  against  the  President,  Vice-President,  the  Congress  of  the 
United  States,  or  the  chief  magistrate  or  Legislature  of  any  of 
the  United  States  in  which  he  is  quartered,  shall  be  dismissed 
from  the  service,  or  otherwise  punished,  as  a  court-martial  may 
direct.  Any  soldier  who  so  offends  shall  be  punished  as  a  court- 
martial  may  direct. 

Art.  20.  Any  officer  or  soldier  who  behaves  himself  with  dis¬ 
respect  towards  his  commanding  officer  shall  be  punished  as  a 
court-martial  may  direct. 

Art.  21.  Any  officer  or  soldier  who,  on  any  pretense  whatsoever, 
strikes  his  superior  officer,  or  draws  or  lifts  up  any  weapon,  or 
offers  any  violence  against  him,  being  in  the  execution  of  his 
office,  or  disobeys  any  lawful  command  of  his  superior  officer, 
shall  suffer  death,  or  such  other  punishment  as  a  court-martial 
may  direct. 

Art.  22.  Any  officer  or  soldier  who  begins,  excites,  causes,  or 
joins  in  any  mutiny,  or  sedition,  in  any  troop,  battery,  company, 
party,  post,  detachment,  or  guard,  shall  suffer  death,  or  such  other 
punishment  as  a  court-martial  may  direct. 

Art.  23.  Any  officer  or  soldier  who,  being  present  at  any  mutiny 
or  sedition,  does  not  use  his  utmost  endeavor  to  suppress  the  same, 
or,  having  knowledge  of  any  intended  mutiny  or  sedition,  does  not, 
without  delay,  give  information  thereof  to  his  commanding  officer, 
shall  suffer  death,  or  such  other  punishment  as  a  court-martial 
may  direct. 

Art.  24.  All  officers,  of  what  condition  soever,  have  power  to 
part  and  quell  all  quarrels,  frays,  and  disorders,  whether  among 
persons  belonging  to  his  own  or  to  another  corps,  regiment,  troop, 
battery,  or  company,  and  to  order  officers  into  arrest,  and  non¬ 
commissioned  officers  and  soldiers  into  confinement,  who  take 
part  in  the  same,  until  their  proper  superior  officer  is  acquainted 
therewith.  And  whosoever,  being  so  ordered,  refuses  to  obey  such 
officer  or  non-commissioned  officer,  or  draws  a  weapon  upon  him, 
shall  be  punished  as  a  court-martial  may  direct. 

Art.  25.  No  officer  or  soldier  shall  use  any  reproachful  or  pro¬ 
voking  speeches  or  gestures  to  another.  Any  officer  who  so 
offends  shall  be  put  in  arrest.  Any  soldier  who  so  offends  shall 
be  confined,  and  required  to  ask  pardon  of  the  party  offended,  in 
the  presence  of  his  commanding  officer. 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


31 


Art.  26.  No  officer  or  soldier  shall  send  a  challenge  to  another  Challenges  to  fight 
officer  or  soldier  to  fight  a  duel,  or  accept  a  challenge  so  sent. 

Any  officer  who  so  offends  shall  be  dismissed  from  the  service. 

Any  soldier  who  so  offends  shall  suffer  such  punishment  as  a  court- 
martial  may  direct. 

Art.  27.  Any  officer  or  non-commissioned  officer,  commanding  Permitting  duels, 
a  guard,  who,  knowingly  and  willingly,  suffers  any  person  to  go 
forth  to  fight  a  duel,  shall  be  punished  as  a  challenger ;  and  all 
seconds  or  promoters  of  duels,  and  carriers  of  challenges  to  fight 
duels,  shall  be  deemed  principals,  and  punished  accordingly.  It 
shall  be  the  duty  of  any  officer  commanding  an  army,  regiment, 
troop,  battery,  company,  post,  or  detachment,  who  knows  or  has 
reason  to  believe  that  a  challenge  has  been  given  or  accepted  by 
any  officer  or  enlisted  man  under  his  command,  immediately  to 
arrest  the  offender  and  bring  him  to  trial. 

Art.  28.  Any  officer  or  soldier  who  upbraids  another  officer  or  Upbraiding 
soldier  for  refusing  a  challenge  shall  himself  be  punished  as  a  fngtchaiienge!fuS" 
challenger ;  and  all  officers  and  soldiers  are  hereby  discharged 
from  any  disgrace  or  opinion  of  disadvantage  which  might  arise 
from  their  having  refused  to  accept  challenges,  as  they  will  only 
have  acted  in  obedience  to  the  law,  and  have  done  their  duty  as 
good  soldiers,  who  subject  themselves  to  discipline. 

Art.  29.  Any  officer  who  thinks  himself  wronged  by  the  com-  Wrongs  to  officers; 

redress  of 

manding  officer  of  his  regiment,  and,  upon  due  application  to  such 
commander,  is  refused  redress,  may  complain  to  the  general  com¬ 
manding  in  the  State  or  Territory  where  such  regiment  is  sta 
tioned.  The  general  shall  examine  into  said  complaint  and  take 
proper  measures  for  redressing  the  wrong  complained  of ;  and 
he  shall,  as  soon  as  possible,  transmit  to  the  Department  of  War 
a  true  statement  of  such  complaint,  with  the  proceedings  had 
thereon. 

Art.  30.  Any  soldier  who  thinks  himself  wronged  by  any  officer  Wrong  to  soldiers; 
may  complain  to  the  commanding  officer  of  his  regiment,  who  redress  of- 
shall  summon  a  regimental  court-martial  for  the  doing  of  justice 
to  the  complainant.  Either  party  may  appeal  from  such  regi¬ 
mental  court-martial  to  a  general  court-martial ;  but  if,  upon  such 
second  hearing,  the  appeal  appears  to  be  groundless  and  vexatious, 
the  party  appealing  shall  be  punished  at  the  discretion  of  said 
general  court-martial. 

Art.  31.  Any  officer  or  soldier  who  lies  out  of  his  quarters,  Lying  out  of 
garrison,  or  camp,  without  leave  from  his  superior  officer,  shall  be  quarters- 
punished  as  a  court-martial  may  direct. 


32 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Soldiers  absent 
without  leave. 


Absence  from  drill 
without  leave. 


One  mile  from 
camp  without 
leave. 


Failing  to  retire  at 
retreat. 


Hiring  duty. 


Conniving  at  hiring 
duty. 


Drunk  on  duty. 


Sentinel  sleeping 
on  post. 


Quitting  guard, 
etc.,  without  leave. 


False  alarms. 


Misbehavior  before 
the  enemy,  cowar¬ 
dice,  etc. 


Art.  32.  Any  soldier  who  absents  himself  from  his  troop,  bat¬ 
tery,  company,  or  detachment,  without  leave  from  his  command¬ 
ing  officer,  shall  be  punished  as  a  court-martial  may  direct. 

Art.  33.  Any  officer  or  soldier  who  fails,  except  when  prevented 
by  sickness  or  other  necessity,  to  repair,  at  the  fixed  time,  to  the 
place  of  parade,  exercise,  or  other  rendezvous  appointed  by  his 
commanding  officer,  or  goes  from  the  same,  without  leave  from 
his  commanding  officer,  before  he  is  dismissed  or  relieved,  shall 
be  punished  as  a  court-martial  may  direct. 

Art.  34.  Any  soldier  who  is  found  one  mile  from  camp,  with¬ 
out  leave  in  writing  from  his  commanding  officer,  shall  be  pun¬ 
ished  as  a  court-martial  may  direct. 

Art.  35.  Any  soldier  who  fails  to  retire  to  his  quarters  or  tent 
at  the  beating  of  retreat  shall  be  punished  according  to  the  nature 
of  his  offense. 

Art.  36.  No  soldier  belonging  to  any  regiment,  troop,  battery, 
or  company  shall  hire  another  to  do  his  duty  for  him,  or  be  ex¬ 
cused  from  duty,  except  in  cases  of  sickness,  disability,  or  leave 
of  absence.  Every  such  soldier  found  guilty  of  hiring  his  duty, 
and  the  person  so  hired  to  do  another’s  duty,  shall  be  punished 
as  a  court-martial  may  direct. 

Art.  37.  Every  non-commissioned  officer  who  connives  at  such 
hiring  of  duty  shall  be  reduced.  Every  officer  who  knows  and 
allows  such  practices  shall  be  punished  as  a  court-martial  may 
direct. 

Art.  38.  Any  officer  who  is  found  drunk  on  his  guard,  party, 
or  other  duty  shall  be  dismissed  from  the  service.  Any  soldier 
who  so  offends  shall  suffer  such  punishment  as  a  court-martial 
may  direct.  No  court-martial  shall  sentence  any  soldier  to  be 
branded,  marked,  or  tattooed. 

Art.  39.  Any  sentinel  who  is  found  sleeping  upon  his  post,  or 
who  leaves  it  before  he  is  regularly  relieved,  shall  suffer  death,  or 
such  other  punishment  as  a  court-martial  may  direct. 

Art.  40.  Any  officer  or  soldier  who  quits  his  guard,  platoon,  or 
division  without  leave  from  his  superior  officer,  except  in  a  case 
of  urgent  necessity,  shall  be  punished  as  a  court-martial  may 
direct. 

Art.  41.  Any  officer  who,  by  any  means  whatsoever,  occasions 
false  alarms  in  camp,  garrison,  or  quarters  shall  suffer  death,  or 
such  other  punishment  as  a  court-martial  may  direct. 

Art.  42.  Any  officer  or  soldier  who  misbehaves  himself  before 
the  enemy,  runs  away,  or  shamefully  abandons  any  fort,  post,  or 
guard,  which  he  is  commanded  to  defend,  or  speaks  words  indue- 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


33 


in g  others  to  do  the  like,  or  casts  away  his  arms  or  ammunition,  or 
quits  his  post  or  colors  to  plunder  or  pillage,  shall  suffer  death, 
or  such  other  punishment  as  a  court-martial  may  direct. 

Art.  43.  If  any  commander  of  any  garrison,  fortress,  or  post  is  Compelling  a  sur- 
compelled,  by  the  officers  and  soldiers  under  his  command,  to  give  ren  er’ 
up  to  the  enemy  or  to  abandon  it,  the  officers  or  soldiers  so 
offending  shall  suffer  death,  or  such  other  punishment  as  a  court- 
martial  may  direct. 

Art.  44.  Any  person  belonging  to  the  armies  of  the  United  Disclosing  watch- 
States  who  makes  known  the  watchword  to  any  person  not  enti-  wor 
tied  to  receive  it,  according  to  the  rules  and  discipline  of  war,  or 
presumes  to  give  a  parole  or  watchword  different  from  that  which 
he  received,  shall  suffer  death,  or  such  other  punishment  as  a 
court-martial  may  direct. 

Art.  45.  Whosoever  relieves  the  enemy  wdth  money,  victuals,  or  Relieving  the 
ammunitions,  or  knowingly  harbors  or  protects  an  enemy,  shall  enemy> 
suffer  death,  or  such  other  punishment  as  a  court-martial  may 
direct. 

Art.  46.  Whosoever  holds  correspondence  with,  or  gives  intel-  Corresponding 

with  the  enemy. 

ligence  to,  the  enemy,  either  directly  or  indirectly,  shall  suffer 
death,  or  such  other  punishment  as  a  court-martial  may  direct. 

Art.  47.  Any  officer  or  soldier  who,  having  received  pay,  or  Desertion, 
having  been  duly  enlisted  in  the  service  of  the  United  States, 
deserts  the  same,  shall,  in  time  of  war,  suffer  death,  or  such  other 
punishment  as  a  court-martial  may  direct ;  and  in  time  of  peace, 
any  punishment,  excepting  death,  which  a  court-martial  may 
direct. 

Art.  48.  Every  soldier  who  deserts  the  service  of  the  United  Deserters  shall 
States  shall  be  liable  to  serve  for  such  period  as  shall,  with  the  serve  u  erm' 
time  he  may  have  served  previous  to  his  desertion,  amount  to  the 
full  term  of  his  enlistment;  and  such  soldier  shall  be  tried  by  a 
court-martial  and  punished,  although  the  term  of  his  enlistment 
may  have  elapsed  previous  to  his  being  apprehended  and  tried. 

Art.  49.  Any  officer  who,  having  tendered  his  resignation,  quits  Tender  of  resigna- 
.  .  ,  ,  ...  ,  .  ^  ,  .  tion  no  relief  from 

his  post  or  proper  duties,  without  leave,  and  with  intent  to  remain  duties, 
permanently  absent  therefrom,  prior  to  due  notice  of  *the  accept¬ 
ance  of  the  same,  shall  be  deemed  and  punished  as  a  deserter. 

Art.  50.  No  non-commissioned  officer  or  soldier  shall  enlist  him-  Enlisting  in  other 

.  ,.  ...  ...  ,  regiments  without 

self  m  any  other  regiment,  troop,  or  company,  without  a  regu-  discharge, 
lar  discharge  from  the  regiment,  troop,  or  company  in  which  he 
last  served,  on  a  penalty  of  being  reputed  a  deserter,  and  suffering 
accordingly.  And  in  case  any  officer  shall  knowingly  receive  and 
entertain  such  non-commissioned  officer  or  soldier,  or  shall  not, 


3 


34 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Advising  to  desert. 


Misconduct  at 
divine  service. 


Swearing. 


Officers  to  keep 
good  order  in  their 
commands. 


Waste  or  destruc¬ 
tion  of  property 
without  orders. 


after  bis  being  discovered  to  be  a  deserter,  immediately  confine 
him  and  give  notice  thereof  to  the  corps  in  which  he  last  served, 
the  said  officer  shall,  by  court-martial,  be  cashiered. 

Akt.  51.  Any  officer  or  soldier  who  advises  or  persuades  any 
other  officer  or  soldier  to  desert  the  service  of  the  United  States, 
shall,  in  time  of  war,  suffer  death,  or  such  other  punishment  as  a 
court-martial  may  direct ;  and  in  time  of  peace,  any  punishment, 
excepting  death,  which  a  court-martial  may  direct. 

Art.  52.  It  is  earnestly  recommended  to  all  officers  and  soldiers 
diligently  to  attend  divine  service.  Any  officer  who  behaves  inde¬ 
cently  or  irreverently  at  any  place  of  divine  worship  shall  be 
brought  before  a  general  court-martial,  there  to  be  publicly  and 
severely  reprimanded  by  the  president  thereof.  Any  soldier  who 
so  offends  shall,  for  his  first  offense,  forfeit  one-sixth  of  a  dollar ; 
for  each  further  offense  he  shall  forfeit  a  like  sum,  and  shall  be 
confined  twenty-four  hours.  The  money  so  forfeited  shall  be  de¬ 
ducted  from  his  next  pay,  and  shall  be  applied,  by  the  captain  or 
senior  officer  of  his  troop,  battery,  or  company,  to  the  use  of  the 
sick  soldiers  of  the  same. 

Art.  53.  Any  officer  who  uses  any  profane  oath  or  execration 
shall,  for  each  offense,  forfeit  and  pay  one  dollar.  Any  soldier 
who  so  offends  shall  incur  the  penalties  provided  in  the  preceding 
article;  and  all  moneys  forfeited  for  such  offenses  shall  be  applied 
as  therein  provided. 

Art.  54.  Every  officer  commanding  in  quarters,  garrison,  or  on 
the  march,  shall  keep  good  order,  and,  to  the  utmost  of  his  power, 
redress  all  abuses  or  disorders  which  may  be  committed  by  any 
officer  or  soldier  under  his  command ;  and  if,  upon  complaint  made 
to  him  of  officers  or  soldiers  beating  or  otherwise  ill-treating  any 
person,  disturbing  fairs  or  markets,  or  committing  any  kind  of 
riot,  to  the  disquieting  of  the  citizens  of  the  United  States,  he 
refuses  or  omits  to  see  justice  done  to  the  offender,  and  reparation 
made  to  the  party  injured,  so  far  as  part  of  the  offender’s  pay 
shall  go  toward  such  reparation,  he  shall  be  dismissed  from  the 
service,  or  otherwise  punished  as  a  court-martial  may  direct. 

Art.  55.  All  officers  and  soldiers  are  to  behave  themselves 
orderly  in  quarters  and  on  the  march ;  and  whoever  commits  any 
waste  or  spoil,  either  in  walks  or  trees,  parks,  warrens,  fish  ponds, 
houses,  gardens,  grain  fields,  inclosures,  or  meadows,  or  mali¬ 
ciously  destroys-  any  property  whatsoever  belonging  to  inhabitants 
of  the  United  States  (unless  by  order  of  a  general  officer  com¬ 
manding  a  separate  army  in  the  field)  shall,  besides  such  penalties 
as  he  may  be  liable  to  by  law,  be  punished  as  a  court-martial  may 
direct. 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


35 


Art.  56.  Any  officer  or  soldier  who  does  violence  to  any  person 
bringing  provisions  or  other  necessaries  to  the  camp,  garrison,  or 
quarters  of  the  forces  of  the  United  States  in  foreign  parts,  shall 
suffer  death,  or  such  other  punishment  as  a  court-martial  may 
direct. 

Art.  57.  Whosoever,  belonging  to  the  armies  of  the  United 
States  in  foreign  parts,  or  at  any  place  within  the  United  States 
or  their  Territories  during  rebellion  against  the  supreme  authority 
of  the  United  States,  forces  a  safeguard,  shall  suffer  death. 

Art.  58.  In  time. of  war,  insurrection,  or  rebellion,  larceny,  rob¬ 
bery,  burglary,  arson,  mayhem,  manslaughter,  murder,  assault 
and  battery  with  an  intent  to  kill,  wounding,  by  shooting  or  stab¬ 
bing,  with  an  intent  to  commit  murder,  rape,  or  assault  and  bat¬ 
tery  with  an  intent  to  commit  rape,  shall  be  punishable  by  the 
sentence  of  a  general  court-martial,  when  committed  by  persons 
in  the  military  service  of  the  United  States,  and  the  punishment 
in  any  such  case  shall  not  be  less  than  the  punishment  provided 
for  the  like  offense  by  the  laws  of  the  State,  Territory,  or  district 
in  which  such  offense  may  have  been  committed. 

Art.  59.  When  any  officer  or  soldier  is  accused  of  a  capital 
crime,  or  of  any  offense  against  the  person  or  property  of  any 
citizen  of  any  of  the  United  States,  which  is  punishable  by  the 
laws  of  the  land,  the  commanding  officer,  and  the  officers  of  the 
regiment,  troop,  battery,  company,  or  detachment,  to  which  the 
person  so  accused  belongs,  are  required,  except  in  time  of  war, 
upon  application  duly  made  by  or  in  behalf  of  the  party  injured, 
to  use  their  utmost  endeavors  to  deliver  him  over  to  the  civil 
magistrate,  and  to  aid  the  officers  of  justice  in  apprehending  and 
securing  him,  in  order  to  bring  him  to  trial.  If,  upon  such  appli¬ 
cation,  any  officer  refuses  or  willfully  neglects,  except  in  time  of 
war,  to  deliver  over  such  accused  person  to  the  civil  magistrates, 
or  to  aid  the  officers  of  justice  in  apprehending  him,  he  shall  be 
dismissed  from  the  service. 

Art.  60.  {a)  Any  person  in  the  military  service  of  the  United 
States  who  makes  or  causes  to  be  made  any  claim  against  the 
United  States,  or  any  officer  thereof,  knowing  such  claim  to  be 
false  or  fraudulent ;  or 

(6)  Who  presents  or  causes  to  be  presented  to  any  person  in 
the.  civil  or  military  service  thereof,  for  approval  or  payment,  any 
claim  against  the  United  States  or  any  officer  thereof,  knowing 
such  claim  to  be  false  or  fraudulent ;  or 

(c)  Who  enters  into  any  agreement  or  conspiracy  to  defraud 
the  United  States  by  obtaining,  or  aiding  others  to  obtain,  the 
allowance  or  payment  of  any  false  or  fraudulent  claim ;  or 


Violence  to  persons 
bringing  pro¬ 
visions. 


Forcing  a  safe¬ 
guard. 


Certain  crimes 
during  rebellion. 


Delivery  of  offend¬ 
ers  in  military  ser¬ 
vice  to  civil  magis¬ 
trate. 


Certain  crimes  of 
fraud  against  the 
United  States. 
Making  false 
claim. 

Presenting  false 
claim. 


Agreement  to  ob¬ 
tain  payment  of 
false  claim. 


36 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


False  paper. 


Perjury. 


Forgery. 


Delivering  less 
property  than 
receipt  calls  for. 


Giving  reoeipts 
without  knowing 
truth  of. 


Stealing,  wrong¬ 
fully  selling,  etc. 


Buying  public 
military  property. 


( d )  Who,  for  the  purpose  of  obtaining,  or  aiding  others  to  ob¬ 
tain,  the  approval,  allowance,  or  payment  of  any  claim  against 
the  United  States  or  against  any  officer  thereof,  makes  or  uses, 
or  procures  or  advises  the  making  or  use  of,  any  writing,  or  other 
paper,  knowing  the  same  to  contain  any  false  or  fraudulent  state¬ 
ment  ;  or 

(e)  Who,  for  the  purpose  of  obtaining,  or  aiding  others  to 
obtain,  the  approval,  allowance,  or  payment  of  any  claim  against 
the  United  States  or  any  officer  thereof,  makes,  or  procures  or 
advises  the  making  of,  any  oath  to  any  fact,  or  to  any  writing 
or  other  paper,  knowing  such  oath  to  be  false ;  or 

(f)  Who,  for  the  purpose  of  obtaining,  or  aiding  others  to 
obtain,  the  approval,  allowance,  or  payment  of  any  claim  against 
the  United  States  or  any  officer  thereof,  forges  or  counterfeits,  or 
procures  or  advises  the  forging  or  counterfeiting  of,  any  signature 
upon  any  writing  or  other  paper,  or  uses,  or  procures  or  advises 
the  use  of  any  such  signature,  knowing  the  same  to  be  forged  or 
counterfeited ;  or 

( g )  Who,  having  charge,  possession,  custody,  or  control  of  any 
money  or  other  property  of  the  United  States,  furnished  or  in¬ 
tended  for  the  military  service  thereof,  knowingly  delivers,  or 
causes  to  be  delivered,  to  any  person  having  authority  to  receive 
the  same,  any  amount  thereof  less  than  that  for  which  he  receives 
a  certificate  or  receipt;  or 

( h )  Who,  being  authorized  to  make  or  deliver  any  paper  certify¬ 
ing  the  receipt  of  any  property  of  the  United  States,  furnished  or 
intended  for  the  military  service  thereof,  makes  or  delivers  to  any 
person,  such  writing,  without  having  full  knowledge  of  the  truth 
of  the  statements  therein  contained,  and  with  intent  to  defraud 
the  United  States ;  or 

(i)  Who  steals,  embezzles,  knowingly  and  willfully  misappro¬ 
priates,  applies  to  his  own  use  or  benefit,  or  wrongfully  or  know¬ 
ingly  sells  or  disposes  of  any  ordnance,  arms,  equipments,  ammuni¬ 
tion,  clothing,  subsistence  stores,  money,  or  other  property  of  the 
United  States,  furnished  or  intended  for  the  military  service 
thereof ;  or 

(j)  Who  knowingly  purchases,  or  receives  in  pledge  for  any 
obligation  or  indebtedness,  from  any  soldier,  officer,  or  other  per¬ 
son  wTho  is  a  part  of  or  employed  in  said  forces  or  service,  any 
ordnance,  arms,  equipments,  ammunition,  clothing,  subsistence 
stores,  or  other  property  of  the  United  States,  such  soldier,  officer, 
or  other  person  not  having  lawful  right  to  sell  or  pledge  the  same, 
shall,  on  conviction  thereof,  be  punished  by  fine  or  imprison¬ 
ment  or  by  such  other  punishment  as  a  court-martial  may  adjudge, 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


37 


or  by  any  or  all  of  said  penalties.  And  if  any  person,  being  guilty 
of  any  of  the  offenses  aforesaid,  while  in  the  military  service  of 
the  United  States,  receives  his  discharge,  or  is  dismissed  from  the 
service,  he  shall  continue  to  be  liable  to  be  arrested  and  held  for 
trial  and  sentence  by  a  court-martial,  in  the  same  manner  and  to 
the  same  extent  as  if  he  had  not  received  such  discharge  nor  been 
dismissed.  ( Act  of  March  2,  1901).  (31  Stat.  L.,  951). 

Art.  61.  Any  officer  who  is  convicted  of  conduct  unbecoming  an 
officer  and  a  gentleman  shall  be  dismissed  from  the  service. 

.  Art.  62.  All  crimes  not  capital,  and  all  disorders  and  neglects, 
which  officers  and  soldiers  may  be  guilty  of,  to  the  prejudice  of 
good  order  and  military  discipline,  though  not  mentioned  in  the 
foregoing  Articles  of  War,  are  to  be  taken  cognizance  of  by  a  gen¬ 
eral,  or  regimental,  garrison,  or  field  officers’  court-martial,  accord¬ 
ing  to  the  nature  and  degree  of  the  offense,  and  punished  at  the 
discretion  of  such  court. 

Art.  63.  All  retainers  to  the  camp,  and  all  persons  serving  with 
the  armies  of  the  United  States  in  the  field,  though  not  enlisted 
soldiers,  are  to  be  subject  to  orders,  according  to  the  rules  and 
discipline  of  war. 

Art.  64.  The  officers  and  soldiers  of  any  troops,  whether  militia 
or  others,  mustered  and  in  pay’ of  the  United  States,  shall,  at  all 
times  and  in  all  places,  be  governed  by  the  Articles  of  War,  and 
shall  be  subject  to  be  tried  by  courts-martial. 

Art.  65.  Officers  charged  with  crime  shall  be  arrested  and  con¬ 
fined  in  their  barracks,  quarters,  or  tents,  and  deprived  of  their 
swords  by  the  commanding  officer.  And  any  officer  who  leaves  his 
confinement  before  he  is  set  at  liberty  by  his  commanding  officer 
shall  be  dismissed  from  the  service. 

Art.  66.  Soldiers  charged  with  crimes  shall  be  confined  until 
tried  by  court-martial,  or  released  by  proper  authority. 

Art.  67.  No  provost-marshal,  or  officer  commanding  a  guard, 
shall  refuse  to  receive  or  keep  any  prisoner  committed  to  his  charge 
by  an  officer  belonging  to  the  forces  of  the  United  States ;  provided 
the  officer  committing  shall,  at  the  same  time,  deliver  an  account 
in  writing,  signed  by  himself,  of  the  crime  charged  against  the 
prisoner. 

Art.  68.  Every  officer  to  whose  charge  a  prisoner  is  committed 
shall,  within  twenty-four  hours  after  such  commitment,  or  as  soon 
as  he  is  relieved  from  his  guard,  report  in  writing,  to  the  com¬ 
manding  officer,  the  name  of  such  prisoner,  the  crime  charged 
against  him,  and  the  name  of  the  officer  committing  him ;  and,  if 
he  fails  to  make  such  report,  he  shall  be  punished  as  a  court- 
martial  may  direct. 


Conduct  unbecom¬ 
ing-  an  officer  and 
gentleman. 

Crimes  and  dis¬ 
orders  to  prejudice 
of  military  dis¬ 
cipline. 


Civilian  employees, 
retainers. 


Jurisdiction  of 
articles  of  war. 


Arrest  of  officers 
accused  of  crimes. 


Soldiers  accused  of 
crimes. 

Receiving  prison¬ 
ers. 


Report  of  prison¬ 
ers. 


38 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Releasing  prisoners 
without  authority; 
escapes. 


Duration  of  con¬ 
finement. 


Copy  of  charges 
and  time  of  trial . 


Who  may  appoint 
general  courts- 
martial. 


Who  may  appoint 
general  courts- 
martial  in  times  of 
war. 


J  udge-advocates. 


Composition  of 
general  courts- 
martial. 


When  requisite 
number  not  at  post. 


Art.  69.  Any  officer  who  presumes,  without  proper  authority, 
to  release  any  prisoner  committed  to  his  charge,  or  suffers  any 
prisoner  so  committed  to  escape,  shall  be  punished  as  a  court- 
martial  may  direct. 

Art.  70.  No  officer  or  soldier  put  in  arrest  shall  be  continued  in 
confinement  more  than  eight  days,  or  until  such  time  as  a  court- 
martial  can  be  assembled. 

Art.  71.  When  an  officer  is  put  in  arrest  for  the  purpose  of  trial, 
except  at  remote  military  posts  or  stations,  the  officer  by  whose 
order  he  is  arrested  shall  see  that  a  copy  of  the  charges  on  which, 
he  is  to  be  tried  is  served  upon  him  within  eight  days  after  his 
arrest,  and  that  he  is  brought  to  trial  within  ten  days  thereafter, 
unless  the  necessities  of  the  service  prevent  such  trial ;  and  then 
he  shall  be  brought  to  trial  within  thirty  days  after  the  expiration 
of  said  ten  days.  If  a  copy  of  the  charges  be  not  served,  or  the 
arrested  officer  be  not  brought  to  trial,  as  herein  required,  the 
arrest  shall  cease.  But  officers  released  from  arrest,  under  the 
provisions  of  this  article,  may  be  tried,  whenever  the  exigencies 
of  the  service  shall  permit,  within  twelve  months  after  such  re¬ 
lease  from  arrest. 

Art.  72.  Any  general  officer  commanding  an  army,  a  territorial 
division  or  a  department,  or  colonel  commanding  a  separate  de¬ 
partment  may  appoint  general  courts-martial  whenever  necessary. 
But  when  any  such  commander  is  the  accuser  or  prosecutor  of 
any  officer  under  his  command  the  court  shall  be  appointed  by  the 
President ;  and  its  proceedings  and  sentence  shall  be  sent  directly 
to  the  Secretary  of  War,  by  whom  they  shall  be  laid  before  the 
President,  for  his  approval  or  orders  in  the  case.  (Act  of  July  o, 
1884). 

Art.  73.  In  time  of  war  the  commander  of  a  division,  or  of  a 
separate  brigade  of  troops,  shall  be  competent  to  appoint  a  general 
court-martial.  But  when  such  commander  is  the  accuser  or  prose¬ 
cutor  of  any  person  under  his  command,  the  court  shall  be  ap¬ 
pointed  by  the  next  higher  commander. 

Art.  74.  Officers  who  may  appoint  a  court-martial  shall  be  com¬ 
petent  to  appoint  a  judge-advocate  for  the  same. 

Art.  75.  General  courts-martial  may  consist  of  any  number  of 
officers  from  five  to  thirteen,  inclusive ;  but  they  shall  not  consist 
of  less  than  thirteen  when  that  number  can  be  convened  without 
manifest  injury  to  the  service. 

Art.  76.  When  the  requisite  number  of  officers  to  form  a  gen¬ 
eral  court-martial  is  not  present  in  any  post  or  detachment,  the 
commanding  officer  shall,  in  cases  which  require  the  cognizance  of 
such  a  court,  report  to  the  commanding  officer  of  the  department, 


REGULATIONS  FOB  THE  N.  C.  NATIONAL  GUARD. 


39 


wlio  shall  thereupon  order  a  court  to  be  assembled  at  the  nearest 
post  or  department  at  which  there  may  be  such  a  requisite  number 
of  officers,  and  shall  order  the  party  accused,  with  the  necessary 
witnesses,  to  be  transported  to  the  place  wrhere  the  said  court  shall 
be  assembled. 

Art.  77.  Officers  of  the  Regular  Army  shall  not  be  competent  Regular  officers;  on 
to  sit  on  courts-martial  to  try  the  officers  or  soldiers  of  other  courts  may 
forces,  except  as  provided  in  Article  78. 

Art.  78.  Officers  of  the  Marine  Corps,  detached  for  service  with  Marine  and  regular 
the  Army  by  order  of  the  President,  may  be  associated  with  offi-  ciated°onCcourtsSO" 
cers  of  the  Regular  Army  on  courts-martial  for  the  trial  of  offend¬ 
ers  belonging  to  the  Regular  Army,  or  to  forces  of  the  Marine 
Corps  so  detached ;  and  in  such  cases  the  orders  of  the  senior  offi¬ 
cer  of  either  corps  who  may  be  present  and  duly  authorized  shall 
be  obeyed. 

Art.  79.  Officers  shall  be  tried  only  by  general  courts-martial ;  Officers  triable  by 
and  no  officer  shall,  when  it  can  be  avoided,  be  tried  by  officers  generalcourtsonly- 
inferior  to  him  in  rank. 

Art.  80.  The  commanding  officer  of  each  garrison,  fort,  or  other  Summary  courts, 
place,  regiment  or  corps,  detached  battalion  or  company,  or  other 
detachment  in  the  Army,  shall  have  power  to  appoint  for  such  place 
or  command,  or  in  his  discretion  for  each  battalion  thereof,  a  sum¬ 
mary  court  to  consist  of  one  officer  to  be  designated  by  him,  before 
whom  enlisted  men  who  are  to  be  tried  for  offenses,  such  as  were 
prior  to  the  passage  of  the  act  “to  promote  the  administration  of 
justice  in  the  Army,”  approved  October  first,  eighteen  hundred 
and  ninety,  cognizable  by  garrison-  or  regimental  courts-martial, 
and  offenses  cognizable  by  field  officers  detailed  to  try  offenders 
under  the  provisions  of  the  eightieth  and  one  hundred  and  tenth 
articles  of  war,  shall  be  brought  to  trial  within  twenty-four  hours 
of  the  time  of  the  arrest,  or  as  soon  thereafter  as  practicable, 
except  when  the  accused  is  to  be  tried  by  general  court-martial ; 
but  such  summary  court  may  be  appointed  and  the  officer  desig¬ 
nated  by  superior  authority  when  by  him  deemed  desirable ;  and 
the  officer  holding  the  summary  court  shall  have  power  to  admin¬ 
ister  oaths  and  to  -hear  and  determine  such  cases,  and  when  satis¬ 
fied  of  the  guilt  of  the  accused  adjudge  the  punishment  to  be 
inflicted,  which  said  punishment  shall  not  exceed  confinement  at 
hard  labor  for  one  month  and  forfeiture  of  one  month’s  pay,  and, 
in  case  of  a  non-commissioned  officer,  reduction  to  the  ranks  in 
addition  thereto ;  that  there  shall  be  a  summary  court  record 
kept  at  each  military  post  and  in  the  field  at  the  headquarters  of 
the  proper  command,  in  which  shall  be  entered  a  record  of  all 
cases  heard  and  determined  and  the  action  had  thereon ;  and  no 


40 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Regimental  courts. 


Garrison  courts. 


Jurisdiction  of 
minor  courts. 


Oath  of  members 
of  courts-martial. 


sentence  adjudged  by  said  summary  court  shall  be  executed  until 
it  shall  have  been  approved  by  the  officer  appointing  the  court,  or 
by  the  officer  commanding  for  the  time  being:  Provided,  That 
when  but  one  commissioned  officer  is  present  with  a  command  he 
shall  hear  and  finally  determine  such  cases :  And  provided  fur¬ 
ther,  that  no  one  while  holding  the  privileges  of  a  certificate  of 
eligibility  to  promotion  shall  be  brought  before  a  summary  court, 
and  that  non-commissioned  officers  shall  not,  if  they  object  thereto, 
be  brought  to  trial  before  summary  courts  without  the  authority 
of  the  officer  competent  to  order  their  trial  by  general  court- 
martial,  but  shall  in  such  cases  be  brought  to  trial  before  garri¬ 
son,  regimental,  or  general  courts-martial,  as  the  case  may  be. 
(Act  of  June  18,  1898,  30  8 'tat.  at  Large,  1/83). 

Art.  81.  Every  officer  commanding  a  regiment  or  corps  shall, 
subject  to  the  provisions  of  Article  80,  be  competent  to  appoint,  for 
his  own  regiment  or  corps,  courts-martial,  consisting  of  three  offi¬ 
cers,  to  try  offenses  not  capital. 

Art.  82.  Every  officer  commanding  a  garrison,  fort,  or  other 
place  where  the  troops  consist  of  different  corps,  shall,  subject  to 
the  provisions  of  Article  80,  be  competent  to  appoint,  for  such  gar¬ 
rison  or  other  place,  courts-martial,  consisting  of  three  officers,  to 
try  offenses  not  capital. 

Art.  83.  Regimental  and  garrison  courts-martial  and  summary 
courts  detailed  under  existing  laws  to  try  enlisted  men  shall  not 
have  power  to  try  capital  cases  or  commissioned  officers,  but  shall 
have  power  to  award  punishment  not  to  exceed  confinement  at  hard 
labor  for  three  months  or  forfeiture  of  three  months’  pay,  or  both ; 
and  in  addition  thereto,  in  the  case  of  non-commissioned  officers, 
reduction  to  the  ranks,  and  in  case  of  first-class  privates  reduction 
to  second-class  privates :  Provided,  that  a  summary  court  shall 
not  adjudge  confinement  and  forfeiture  in  excess  of  a  period  of  one 
month,  unless  the  accused  shall  before  trial  consent  in  writing  to 
trial  by  said  court;  but  in  any  case  of  refusal  to  so  consent  the 
trial  may  be  had  either  by  general,  regimental,  or  garrison  court- 
martial,  or  by  said  summary  court ;  but  in  case  of  trial  by  said 
summary  court,  without  consent  as  aforesaid,  the  court  shall  not 
adjudge  confinement  or  forfeiture  of  pay  for  more  than  one 
month.  (Act  of  March  2,  1901). 

Art.  84.  The  judge-advocate  shall  administer  to  each  member 
of  the  court,  before  they  proceed  upon  any  trial,  the  following  oath, 
which  shall  also  be  taken  by  all  members  of  regimental  and  garri¬ 
son  courts-martial :  “You,  A.  B.,  do  swear  that  you  will  well  and 
truly  try  and  determine,  according  to  evidence,  the  matter  now 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


41 


before  you,  between  the  United  States  of  America  ( State  of  North 
Carolina),  and  the  prisoner  to  be  tried,  and  that  you  will  duly 
administer  justice,  without  partiality,  favor,  or  affection,  accord¬ 
ing  to  the  provisions  of  the  rules  and  articles  for  the  government 
of  the  armies  of  the  United  States  (and  the  established  rules  of 
law  for  the  government  of  the  military  forces  of  this  State),  and 
if  any  doubt  should  arise,  not  explained  by  said  articles,  then 
according  to  your  conscience,  the  best  of  your  understanding,  and 
the  custom  of  war  in  like  cases ;  and  you  do  further  swear  that 
you  will  not  divulge  the  sentence  of  the  court  until  it  shall  be 
published  by  the  proper  authority,  except  to  the  judge-advocate ; 
neither  will  you  disclose  or  discover  the  vote  or  opinion  of  any 
particular  member  of  the  court-martial,  unless  required  to  give 
evidence  thereof  as  a  witness  by  a  court  of  justice  in  a  due  course 
of  law.  So  help  me,  God.”  ( Act  of  July  27,  1892,  27  Stat.  at 
Large,  278). 

Art.  85.  When  the  oath  has  been  administered  to  the  members  Oath  of  judge- 
of  a  court-martial  the  president  of  the  court  shall  administer  to  advocate- 
the  judge-advocate,  or  person  officiating  as  such,  an  oath  in  the 
following  form :  “You,  A.  B.,  do  swear  that  you  will  not  disclose 
or  discover  the  vote  or  opinion  of  any  particular  member  of  the 
court-martial,  unless  required  to  give  evidence  thereof  as  a  wit¬ 
ness  by  a  court  of  justice  in  due  course  of  law ;  nor  divulge  the 
sentence  of  the  court  to  any  but  the  proper  authority  until  it  shall 
be  duly  disclosed  by  the  same.  So  help  you  God.” 

Art.  86.  The  court-martial  may  punish,  at  discretion,  any  per-  Contempt  of 
son  who  uses  any  menacing  words,  signs,  or  gestures  in  its  pres¬ 
ence,  or  who  disturbs  its  proceedings  by  any  riot  or  disorder. 

Art.  87.  All  members  of  a  court-martial  are  to  behave  with  Behavior  of  mem- 
decency  and  calmness. 

Art.  88.  Members  of  a  court-martial  may  be  challenged  by  a  Challenges  by 
prisoner,  but  only  for  cause  stated  to  the  court.  The  court  shall  prisoner- 
determine  the  relevancy  and  validity  thereof,  and  shall  not  receive 
a  challenge  to  more  than  one  member  at  a  time. 

Art.  89.  When  a  prisoner,  arraigned  before  a  general  court-  Prisoner  standing 
martial,  from  obstinacy  and  deliberate  design,  stands  mute,  or  mute* 
answers  foreign  to  the  purpose,  the  court  may  proceed  to  trial  and 
judgment  as  if  the  prisoner  had  pleaded  not  guilty. 

Art.  90.  The  judge-advocate,  or  some  person  deputed  by  him  Judge-advocate 
or  by  the  general  or  officer  commanding  the  army,  detachment,  ?^unseYforand 
or  garrison,  shall  prosecute  in  the  name  of  the  United  States  Prisoner- 
(State  of  North  Carolina),  but  when  the  prisoner  has  made  his 
plea  he  shall  so  far  consider  himself  counsel  for  the  prisoner  as 
to  object  to  any  leading  question  to  any  of  the  witnesses,  and  to 


42 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Depositions. 

Oath  of  witness. 

Continuances. 

Order  of  voting. 
Death  penalty. 

Penitentiaries. 

Flogging,  etc. 

Discharge  and  dis¬ 
missal  of  officers. 

Publication  of  offi¬ 
cers  cashiered  for 
cowardice  or 
fraud. 


any  question  to  the  prisoner  the  answer  to  which  might  tend  to 
criminate  himself. 

Art.  91.  The  depositions  of  witnesses  residing  beyond  the  limits 
of  the  State,  Territory,  or  District  in  which  any  military  court 
may  be  ordered  to  sit,  if  taken  on  reasonable  notice  to  the  opposite 
party  and  duly  authenticated,  may  be  read  in  evidence  before 
such  court  in  cases  not  capital. 

Art.  92.  All  persons  who  give  evidence  before  a  court-martial 
shall  be  examined  on  oath,  or  affirmation,  in  the  following  form : 
“You  swear  (or  affirm)  that  the  evidence  you  shall  give,  in  the 
case  now  in  hearing,  shall  be  the  truth,  the  whole  truth,  and  noth¬ 
ing  but  the  truth.  So  help  you  God.” 

Art.  93.  A  court-martial  shall,  for  reasonable  cause,  grant  a 
continuance  to  either  party,  for  such  time  and  as  often  as  may 
appear  to  be  just :  Provided,  that  if  the  prisoner  be  in  close  con¬ 
finement  the  trial  shall  not  be  delayed  for  a  period  longer  than 
sixty  days. 

Art.  94.  Repealed  March  2,  1901. 

Art.  95.  Members  of  a  court-martial,  in  giving  their  votes,  shall 
begin  with  the  youngest  in  commission. 

Art.  96.  No  person  shall  be  sentenced  to  suffer  death,  except 
by  the  concurrence  of  two-thirds  of  the  members  of  a  general 
court-martial,  and  in  the  cases  herein  expressly  mentioned. 

Art.  97.  No  person  in  the  military  service  shall,  under  the 
sentence  of  a  court-martial,  be  punished  by  confinement  in  a  pen¬ 
itentiary,  unless  the  offense  of  which  he  may  be  convicted  would, 
by  some  statute  of  the  United  States,  or  by  some  statute  of  the 
State,  Territory,  or  District  in  which  such  offense  may  be  com¬ 
mitted,  or  by  the  common  law,  as  the  same  exists  in  such  State, 
Territory,  or  District,  subject  such  convict  to  such  punishment. 

Art.  98.  No  person  in  the  military  service  shall  be  punished 
by  flogging,  or  by  branding,  marking,  or  tattooing  on  the  body. 

Art.  99.  No  officer  shall  be  discharged  or  dismissed  from  the 
service,  except  by  order  of  the  President,  or  by  sentence  of  a  gen¬ 
eral  court-martial;  and  in  time  of  peace  no  officer  shall  be  dis¬ 
missed,  except  in  pursuance  of  the  sentence  of  a  court-martial,  or 
in  mitigation  thereof. 

Art.  100.  When  an  officer  is  dismissed  from  the  service  for 
cowardice  or  fraud,  the  sentence  shall  further  direct  that  the 
crime,  punishment,  name  and  place  of  abode  of  the  delinquent 
shall  be  published  in  the  newspapers  in  and  about  the  camp,  and 
in  the  State  from  which  the  offender  came,  or  where  he  usually 
resides ;  and  after  such  publication  it  shall  be  scandalous  for  an 
officer  to  associate  with  him. 


REGULATION  S  FOR  THE  N.  C.  NATIONAL  GUARD. 


43 


Art.  101.  When  a  court-martial  suspends  an  officer  from  com¬ 
mand,  it  may  also  suspend  his  pay  and  emoluments  for  the  same 
time,  according  to  the  nature  of  his  offense. 

Art.  102.  No  person  shall  be  tried  a  second  time  for  the  same 
offense. 

Art.  103  (a)  No  person  shall  be  liable  to  be  tried  and  pun¬ 
ished  by  a  general  court-martial  for  any  offense  which  appears 
to  have  been  committed  more  than  two  years  before  the  issuing 
of  the  order  for  such  trial,  unless,  by  reason  of  having  absented 
himself  or  of  some  other  manifest  impediment,  he  shall  not  have 
been  amenable  to  justice  within  that  period. 

(&)  No  person  shall  be  tried  or  punished  by  a  court-martial 
for  desertion  in  time  of  peace  and  not  in  the  face  of  an  enemy 
committed  more  than  two  years  before  the  arraignment  of  such 
person  for  such  offense,  unless  he  shall  meanwhile  have  absented 
himself  from  the  United  States,  in  which  case  the  time  of  his 
absence  shall  be  excluded  in  computing  the  period  of  the  limita¬ 
tion  :  Provided ,  that  said  limitation  shall  not  begin  until  the  end 
of  the  term  for  which  said  person  was  mustered  into  the  service. 
( Act  of  April  11,  1890,  26  Stat.  at  Large,  54). 

Art.  104.  No  sentence  of  a  court-martial  shall  be  carried  into 
execution  until  the  same  shall  have  been  approved  by  the  officer 
ordering  the  court,  or  by  the  officer  commanding  for  the  time 
being.  (Act  of  July  21,  1892,  27  Stat.  at  Large,  218). 

Art.  105.  No  sentence  of  a  court-martial  inflicting  the  punish¬ 
ment  of  death  shall  be  carried  into  execution  until  it  shall  have 
been  confirmed  by  the  President,  except  in  the  cases  of  persons 
convicted,  in  time  of  war,  as  spies,  mutineers,  deserters,  or  mur¬ 
derers,  and  in  the  cases  of  guerilla  marauders,  convicted,  in  time 
of  war,  of  robbery,  burglary,  arson,  rape,  assault  with  intent  to 
commit  rape,  or  of  violation  of  the  laws  and  customs  of  war ;  and 
in  such  excepted  cases  the  sentence  of  death  may  be  carried  into 
execution  upon  confirmation  by  the  commanding  general  in  the 
field,  or  the  commander  of  the  department,  as  the  case  may  be. 

Art.  106.  In  time  of  peace  no  sentence  of  a  court-martial 
directing  the  dismissal  of  an  officer  shall  be  carried  into  execu¬ 
tion  until  it  shall  have  been  confirmed  by  the  President. 

Art.  107.  No  sentence  of  a  court-martial  appointed  by  the  com¬ 
mander  of  a  division  or  of  a  separate  brigade  of  troops  directing 
the  dismissal  of  an  officer  shall  be  carried  into  execution  until 
it  shall  have  been  confirmed  by  the  general  commanding  the  army 
in  the  field  to  which  the  division  or  brigade  belongs. 


Suspension  of 
officers’  pay. 


Twice  in  jeopardy. 


Limitation  of  time 
of  prosecution. 


Approval  of 
sentence. 


Confirmation  of 
death  sentence. 


Confirmation  of 
dismissal  in  time 
of  peace. 


Dismissal  by  divis¬ 
ion  or  brigade 
courts. 


44 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Sentence  of  gener¬ 
al  officer. 


Confirmation  by 
officer  ordering 
court. 


Suspension  of 
sentences  of  death 
or  dismissal. 


Pardon  and  miti¬ 
gation  of  sentences. 


Disposition  of 
records. 


Party  entitled  to 
a  copy. 


Courts  of  inquiry, 
how  ordered. 


Members  of  court 
of  inquiry. 


Art.  108.  No  sentence  of  a  court-martial,  either  in  time  of  peace 
or  in  time  of  war,  respecting  a  general  officer  shall  be  carried  into 
execution  until  it  shall  have  been  confirmed  by  the  President. 

Art.  109.  All  sentences  of  a  court-martial  may  be  confirmed  and 
carried  into  execution  by  the  officer  ordering  the  court,  or  by  the 
officer  commanding  for  the  time  being,  where  confirmation  by  the 
President,  or  by  the  commanding  general  in  the  field,  or  com¬ 
mander  of  the  department,  is  not  required  by  the  articles. 

Art.  110.  Repealed  June  18,  1898. 

AR’f.  111.  Any  officer  who  has  authority  to  carry  into  execution 
the  sentence  of  death  or  of  dismissal  of  an  officer  may  suspend 
the  same  until  the  pleasure  of  the  President  shall  be  known ;  and, 
in  such  case,  he  shall  immediately  transmit  to  the  President  a 
copy  of  the  order  of  suspension,  together  with  a  copy  of  the  pro¬ 
ceedings  of  the  court. 

Art.  112.  Every  officer  who  is  authorized  to  order  a  general 
court-martial  shall  have  power  to  pardon  or  mitigate  any  punish¬ 
ment  adjudged  by  it,  except  the  punishment  of  death  or  of  dis¬ 
missal  of  an  officer.  Every  officer  commanding  a  regiment  or 
garrison  in  which  a  regimental  or  garrison  court-martial  may  be 
held  shall  have  power  to  pardon  or  mitigate  any  punishment  which 
such  court  may  adjudge. 

Art.  113.  Every  judge-advocate,  or  person  acting  as  such,  at 
any  general  court-martial,  shall,  with  such  expedition  as  the  op¬ 
portunity  of  time  and  distance  of  place  may  admit,  forward  the 
original  proceedings  and  sentence  of  such  court  to  the  Judge- 
Advocate-General  of  the  Army,  in  whose  office  they  shall  be  care¬ 
fully  preserved. 

Art.  114.  Every  party  tried  by  a  general  court-martial  shall, 
upon  demand  thereof,  made  by  himself  or  by  any  person  in  his 
behalf,  be  entitled  to  a  copy  of  the  proceedings  and  sentence  of 
such  court. 

Art.  115.  A  court  of  inquiry,  to  examine  into  the  nature  of 
any  transaction  of,  or  accusation  or  imputation  against,  any  offi¬ 
cer  or  soldier,  may  be  ordered  by  the  President  or  by  any  com¬ 
manding  officer ;  but,  as  courts  of  inquiry  may  be  perverted  to 
dishonorable  purposes,  and  may  be  employed,  in  the  hands  of 
weak  and  envious  commandants,  as  engines  for  the  destruction  of 
military  merit,  they  shall  never  be  ordered  by  any  commanding 
officer,  except  upon  a  demand  by  the  officer  or  soldier  whose  con¬ 
duct  is  to  be  inquired  of. 

Art.  116.  A  court  of  inquiry  shall  consist  of  one  or  more  offi¬ 
cers,  not  exceeding  three,  and  a  recorder,  to  reduce  the  proceed¬ 
ings  and  evidence  to  writing. 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


45 


Art.  117.  The  recorder  of  a  court  of  inquiry  shall  administer 
to  the  members  the  following  oath :  “You  shall  well  and  truly 
examine  and  inquire,  according  to  the  evidence,  into  the  matter 
now  before  you,  without  partiality,  favor,  affection,  prejudice,  or 
hope  of  reward :  so  help  you  God.”  After  which  the  president  of 
the  court  shall  administer  to  the  recorder  the  following  oath : 
“You,  A.  B.,  do  swear  that  you  will,  according  to  your  best  abili¬ 
ties,  accurately  and  impartially  record  the  proceedings  of  the 
court  and  the  evidence  to  be  given  in  the  case  in  hearing :  so  help 
you  God.” 

Art.  118.  A  court  of  inquiry,  and  the  recorder  thereof,  shall 
have  the  same  power  to  summon  and  examine  witnesses  as  is 
given  to  courts-martial  and  the  judge-advocates  thereof.  Such 
witnesses  shall  take  the  same  oath  which  is  taken  by  witnesses 
before  courts-martial,  and  the  party  accused  shall  be  permitted  to 
examine  and  cross-examine  them,  so  as  fully  to  investigate  the 
circumstances  in  question. 

Art.  119.  A  court  of  inquiry  shall  not  give  an  opinion  on  the 
merits  of  the  case  inquired  of  unless  specially  ordered  to  do  so. 

Art.  120.  The  proceedings  of  a  court  of  inquiry  must  be  authen¬ 
ticated  by  the  signatures  of  the  recorder  and  the  president  thereof, 
and  delivered  to  the  commanding  officer. 

Art.  121.  The  proceedings  of  a  court  of  inquiry  may  be  ad¬ 
mitted  as  evidence  by  a  court-martial,  in  cases  not  capital,  nor 
extending  to  the  dismissal  of  an  officer :  Provided ,  that  the  cir* 
cumstances  are  such  that  oral  testimony  cannot  be  obtained. 

Art.  122.  If,  upon  marches,  guards,  or  in  quarters,  different 
corps  of  the  Army  happen  to  join  or  do  duty  together,  the  officer 
highest  in  rank  of  the  line  of  the  Afmy,  Marine  Corps,  or  Militia, 
by  commission,  there  on  duty  or  in  quarters,  shall  command  the 
whole,  and  give  .orders  for  what  is  needful  to  the  service,  unless 
otherwise  specially  directed  by  the  President,  according  to  the 
nature  of  the  case. 

Art.  123.  In  all  matters  relating  to  the  rank,  duties,  and  rights 
of  officers,  the  same  rules  and  regulations  shall  apply  to  officers 
of  the  Regular  Army  and  to  volunteers  commissioned  in  or  mus¬ 
tered  into  said  service,  under  the  laws  of  the  United  States,  for  a 
limited  period. 


Oaths  of  members 
and  recorder,  court 
of  inquiry. 


Witnesses  before 
courts  of  inquiry. 


Opinion,  when 
given  by  court. 

Proceedings  must 
be  signed. 


Proceedings  of 
court  of  inquiry . 
evidence. 


Command  when 
troops  combine. 


Regular  and  volun¬ 
teer  officers  of 
same  relative  rank. 


Art.  124.  Officers  of  the  militia  of  the  several  States,  when  Rank  of  militia 
called  into  the  service  of  the  United  States,  shall  on  all  detach- officers‘ 
ments,  courts-martial,  and  other  duty  wherein  they  may  be  em¬ 
ployed  in  conjunction  with  the  regular  or  volunteer  forces  of  the 
United  States,  take  rank  next  after  all  officers  of  the  like  grade  in 
said  regular  or  volunteer  forces,  notwithstanding  the  commissions 


46 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Deceased  officers’ 
effects. 


Deceased  soldiers’ 
effects. 


Disposition  of 
effects  of  deceased. 


Publication  of 
articles  of  war. 


Spies. 


Attachment  of 
witnesses. 


Refusal  of  civilian 
witnesses  to 
testify. 


of  such  militia  officers  may  be  older  than  the  commissions  of  the 
said  officers  of  the  regular  or  volunteer  forces  of  the  .  United 
States. 

Art.  125.  In  case  of  the  death  of  any  officer,  the  major  of  his 
regiment,  or  the  officer  doing  the  major’s  duty,  or  the  second 
officer  in  command  at  any  post  or  garrison,  as  the  case  may  be, 
shall  immediately  secure  all  his  effects  then  in  camp  or  quarters, 
and  shall  make,  and  transmit  to  the  office  of  the  Department  of 
War,  an  inventory  thereof. 

Art.  126.  In  case  of  the  death  of  any  soldier,  the  commanding 
officer  of  his  troop,  battery,  or  company  shall  immediately  secure 
all  his  effects  then  in  camp  or  quarters,  and  shall,  in  the  presence 
of  two  other  officers,  make  an  inventory  thereof,  which  he  shall 
transmit  to  the  office  of  the  Department  of  War. 

Art.  127.  Officers  charged  with  the  care  of  the  effects  of  de¬ 
ceased  officers  or  soldiers  shall  account  for  and  deliver  the  same, 
or  the  proceeds  thereof,  to  the  legal  representatives  of  such  de¬ 
ceased  officers  or  soldiers.  And  no  officer  so  charged  shall  be 
permitted  to  quit  the  regiment  or  post  until  he  has  deposited  in 
the  hands  of  the  commanding  officer  all  the  effects  of  such  deceased 
officers  or  soldiers  not  so  accounted  for  and  delivered. 

Art.  128.  The  foregoing  articles  shall  be  read  and  published, 
once  in  every  six  months,  to  every  garrison,  regiment,  troop,  or 
company  in  the  service  of  the  United  States,  and  shall  be  duly 
observed  and  obeyed  by  all  officers  and  soldiers  in  said  service. 

Sec.  1343,  Revised  Statutes.  All  persons  who,  in  time  of  war, 
or  of  rebellion  against  the  supreme  authority  of  the  United  States, 
shall  be  found  lurking  or  acting  as  spies,  in  or  about  any  of  the 
fortifications,  posts,  quarters,  or  encampments  of  any  of  the  armies 
of  the  United  States,  or  elsewhere,  shall  be  triable  by  a  general 
court-martial  or  by  a  military  commission,  and  shall,  on  convic¬ 
tion  thereof,  suffer  death. 

2.  Every  judge-advocate  of  a  court-martial  shall  have  power 
to  issue  like  process  to  compel  witnesses  to  appear  and  testify 
which  courts  of  criminal  jurisdiction  within  the  State,  Territory, 
or  District  where  such  military  courts  shall  be  ordered  to  sit  may 
lawfully  issue.  Section  1202,  Revised  Statutes,  U.  S. 

3.  Every  person  not  belonging  to  the  Army  of  the  United 
States,  who  being  duly  subpoenaed  to  appear  as  a  witness  before 
a  general  court-martial  of  the  Army,  willfully  neglects  or  refuses 
to  appear,  or  refuses  to  qualify  as  a  witness  to  testify  or  produce 
documentary  evidence  which  such  person  may  have  been  legally 
subpoenaed  to  produce,  shall  be  deemed  guilty  of  a  misdemeanor, 
for  which  such  person  shall  be  punished  on  information  in  the 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


47 


district  court  of  the  United  States ;  and  it  shall  be  the  duty  of  the 
United  States  district  attorney,  on  the  certification  of  the  facts  to 
him  by  the  general  court-martial,  to  file  an  information  against 
and  prosecute  the  person  so  offending,  and  the  punishment  of  such 
person,  on  conviction,  shall  be  a  fine  of  not  more  than  five  hun¬ 
dred  dollars  or  imprisonment  not  to  exceed  six  months,  or  both, 
at  the  discretion  of  the  court :  Provided,  that  this  shall  not  apply 
to  persons  residing  beyond  the  State,  Territory,  or  District  in 
which  such  general  court-martial  is  held,  and  that  the  fees  of 
such  witness,  and  his  mileage  at  the  rates  provided  for  witnesses 
in  the  United  States  district  court  for  said  State,  Territory,  or 
District,  shall  be  duly  paid  or  tendered  said  witness,  such  amounts 
to  be  paid  by  the  Pay  Department  of  the  Army  out  of  the  appro¬ 
priation  for  the  compensation  of  witnesses :  Provided,  that  no 
witness  shall  be  compelled  to  incriminate  himself  or  to  answer 
any  questions  which  may  tend  to  incriminate  or  degrade  him. 
Act  of  March  2,  1901  {SI  Stat.  at  Large). 


PART  II 


ORGANIZATION,  DISCIPLINE,  AND 


CORRESPONDENCE. 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


51 


ARTICLE  II. 

ORGANIZATION. 

ORGANIZED  MILITIA. 

4.  The  following  provisions  of  the  Constitution  and  laws  govern 
the  calling  of  the  militia  into  the  service  of  the  United  States,  as 
provided  in  G.  O.  No.  3,  War  Department,  January  7,  1907. 

The  constitutional  provisions  are — 

The  Congress  shall  have  power  *  *  *  to  provide  for  call¬ 

ing  forth  the  militia  to  execute  the  laws  of  the  Union,  suppress 
insurrections  and  repel  invasions ; 

To  provide  for  organizing,  arming,  and  disciplining  the  militia, 
and  for  governing  such  part  of  them  as  may  be  employed  in  the 
service  of  the  United  States,  reserving  to  the  States  respectively 
the  appointment  of  the  officers,  and  the  authority  of  training  the 
militia  according  to  the  discipline  prescribed  by  Congress.  (Art. 
I,  sec.  8,  pars.  15,  16). 

The  United  States  shall  guarantee  to  every  State  in  this  Union 
a  republican  form  of  government,  and  shall  protect  each  of  them 
against  invasion ;  and  on  application  of  the  Legislature,  or  of  the 
Executive  (when  the  Legislature  cannot  be  convened),  against 
domestic  violence.  (Art.  IV,  sec.  4). 

In  pursuance  of  the  foregoing  delegations  of  authority,  Congress 
has  enacted — 

[Revised  Statutes.] 

Sec.  5288.  It  shall  be  lawful  for  the  President,  or  such  person 
as  he  shall  empower  for  that  purpose,  to  employ  such  part  of  the 
land  or  naval  forces  of  the  United  States,  or  of  the  militia  thereof, 
as  shall  be  necessary  to  compel  any  foreign  vessel  to  depart  the 
United  States  in  all  cases  in  which,  by  the  laws  of  nations  or  the 
treaties  of  the  United  States,  she  ought  not  to  remain  within  the 
United  States. 

INSURRECTIONS. 

Sec.  5297.  In  case  of  an  insurrection  in  any  State  against  the 
government  thereof  it  shall  be  lawful  for  the  President,  on  appli¬ 
cation  of  the  Legislature  of  such  State,  or  of  the  executive  when 
the  Legislature  cannot  be  convened,  to  call  forth  such  number  of 
the  militia  of  any  other  State  or  States  which  may  be  applied  for 
as  he  deems  sufficient  to  suppress  such  insurrection,  or,  on  like 
application,  to  employ  for  the  same  purposes  such  part  of  the  land 
or  naval  forces  of  the  United  States  as  he  deems  necessary. 


Constitutional 

provisions. 


Calling  forth 
militia. 


52 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


When  the  presi-  Sec.  5298.  Whenever,  by  reason  of  unlawful  obstructions,  com- 

dent  may  call  forth  . 

the  militia.  binations,  or  assemblages  of  persons,  or  rebellion  against  the 

authority  of  the  Government  of  the  United  States,  it  shall  become 
impracticable,  in  the  judgment  of  the  President,  to  enforce  by  the 
ordinary  course  of  judicial  proceedings  the  laws  of  the  United 
States  within  any  State  or  Territory,  it  shall  be  lawful  for  the 
President  to  call  forth  the  militia  of  any  or  all  the  States  and  to 
employ  such  parts  of  the  land  and  naval  forces  of  the  United 
States  as  he  may  deem  necessary  to  enforce  the  faithful  execution 
of  the  laws  of  the  United  States,  or  to  suppress  such  rebellion  in 
whatever  State  or  Territory  thereof  the  laws  of  the  United  States 
may  be  forcibly  opposed  or  the  execution  thereof  forcibly  ob¬ 
structed. 

Suppression  of  Sec.  5299.  Whenever  insurrection,  domestic  violence,  unlawful 

insurrection  etc 

’  '  combinations,  or  conspiracies  in  any  State  so  obstructs  or  hinders 

the  execution  of  the  laws  thereof  and  of  the  United  States  as  to 
deprive  any  portion  or  class  of  the  people  of  such  State  of  any  of 
the  rights,  privileges,  or  immunities  or  protection  named  in  the 
Constitution  and  secured  by  the  laws  for  the  protection  of  such 
rights,  privileges,  or  immunities,  and  the  constituted  authorities 
of  such  State  are  unable  to  protect  or  from  any  cause  fail  in  or 
refuse  protection  of  the  people  in  such  rights,  such  facts  shall  be 
deemed  a  denial  by  such  State  of  the  equal  protection  of  the  laws 
to  which  they  are  entitled  under  the  Constitution  of  the  United 
States,  and  in  all  such  cases,  or  whenever  any  such  insurrection, 
violence,  unlawful  combination,  or  conspiracy  opposes  or  obstructs 
the  laws  of  the  United  States  or  the  due  execution  thereof,  or 
impedes  or  obstructs  the  due  course  of  justice  under  the  same,  it 
shall  be  lawful  for  the  President,  and  it  shall  be  his  duty,  to 
take  such  measures,  by  the  employment  of  the  militia  or  the  land 
and  naval  forces  of  the  United  States,  or  of  either,  or  by  other 
means,  as  he  may  deem  necessary  for  the  suppression  of  such 
insurrection,  domestic  violence,  or  combinations. 

[Act  of  January  21,  1903.] 

Militia  divided.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  that  the 
militia  shall  consist  of  every  able-bodied  male  citizen  of  the 
respective  States,  Territories,  and  the  District  of  Columbia,  and 
every  able-bodied  male  of  foreign  birth  wTho  has  declared  his  inten¬ 
tion  to  become  a  citizen,  who  is  more  than  eighteen  and  less  than 
forty-five  years  of  age,  and  shall  be  divided  into  two  classes — the 
organized  militia,  to  be  known  as  the  National  Guard  of  the  State, 
Territory,  or  District  of  Columbia,  or  by  such  other  designations 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


53 


as  may  be  given  them  by  the  laws  of  the  respective  States  or  Ter¬ 
ritories,  and  the  remainder  to  be  known  as  the  reserve  militia. 

*  *  *  ***** 

Sec.  3.  That  the  regularly  enlisted,  organized,  and  uniformed  Troops  that  consti- 
active  militia  in  the  several  States  and  Territories  and  the  Dis-  milftia.6  orgamzed 
trict  of  Columbia  who  have  heretofore  participated  or  shall  here¬ 
after  participate  in  the  apportionment  of  the  annual  appropriation 
provided  by  section  sixteen  hundred  and  sixty-one  of  the  Revised 
Statutes  of  the  United  States,  as  amended,  whether  known  and 
designated  as  National  Guard,  militia,  or  otherwise,  shall  consti¬ 
tute  the  organized  militia.  The  organization,  armament,  and  dis¬ 
cipline  of  the  organized  militia  in  the  several  States  and  Territo¬ 
ries  and  in  the  District  of  Columbia  shall  be  the  same  as  that 
which  is  now  or  may  hereafter  be  prescribed  for  the  Regular  and 
Volunteer  Armies  of  the  United  States,  within  five  years  from  the 
date  of  the  approval  of  this  Act :  Provided,  that  the  President  of  Minimum  for 
the  United  States,  in  time  of  peace,  may  by  order  fix  the  mini- troop’  battery< etc- 
mum  number  of  enlisted  men  in  each  company,  troop,  battery, 
signal  corps,  engineer  corps,  and  hospital  corps :  And  provided 
further,  that  any  corps  of  artillery,  cavalry,  and  infantry  existing 
in  any  of  the  States  at  the  passage  of  the  act  of  May  eighth,  sev¬ 
enteen  hundred  and  ninety-two,  which,  by  the  laws,  customs  or 
usages  of  the  said  States  have  been  in  continuous  existence  since 
the  passage  of  said  act  under  its  provisions  and  under  the  provis¬ 
ions  of  section  two  hundred  and  thirty-two  and  sections  sixteen 
hundred  and  twenty-five  to  sixteen  hundred  and  styty,  both  inclu¬ 
sive,  of  title  sixteen  of  the  Revised  Statutes  of  the  United  States, 
relating  to  the  militia,  shall  be  allowed  to  retain  their  accustomed 
privileges,  subject,  nevertheless,  to  all  other  duties  required  by 
law  in  like  manner  as  the  other  militia. 

Sec.  4.  That  whenever  the  United  States  is  invaded,  or  in  dan-  When  militia  is 
ger  of  invasion  from  any  foreign  nation,  or  of  rebellion  against to  be  called- 
the  authority  of  the  Government  of  the  United  States,  or  the 
President  is  unable,  with  the  other  forces  at  his  command,  to 
execute  the  laws  of  the  Union  in  any  part  thereof,  it  shall  be  law-' 
ful  for  the  President  to  call  forth,  for  a  period  not  exceeding  nine 
months,  such  number  of  the  militia  of  the  State  or  of  the  States  or 
Territories  or  of  the  District  of  Columbia  as  he  may  deem  neces¬ 
sary  to  repel  such  invasion,  suppress  such  rebellion,  or  to  enable 
him  to  execute  such  laws,  and  to  issue  his  orders  for  that  purpose 
to  such  officers  of  the  militia  as  he  may  think  proper. 

Sec.  5.  That  whenever  the  President  calls  forth  the  militia  of  Length  of  service, 
any  State  or  Territory  or  of  the  District  of  Columbia  to  be  em¬ 
ployed  in  the  service  of  the  United  States,  he  may  specify  in  his 


54 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


call  the  period  for  which  such  service  is  required,  not  exceeding 
nine  months,  and  the  militia  so  called  shall  continue  to  serve  dur¬ 
ing  the  term  so  specified,  unless  sooner  discharged  by  order  of  the 
President. 

Apportioned  ac-  Sec.  6.  That  when  the  militia  of  more  than  one  State  is  called 

cording  to  popuia-  jn^0  j-he  ac^ua]  service  of  the  United  States  by  the  President  he 
may,  in  his  discretion,  apportion  them  among  such  States  or  Ter¬ 
ritories  or  to  the  District  of  Columbia  according  to  representative 
population. 

How  mustered.  Sec.  7.  That  every  officer  and  enlisted  man  of  the  militia  who 
shall  be  called  forth  in  the  manner  hereinbefore  prescribed,  and 
shall  be  found  fit  for  military  service,  shall  be  mustered  or  accepted 
into  the  United  States  service  by  a  duly  authorized  mustering  offi¬ 
cer  of  the  United  States :  Provided,  hoioever,  that  any  officer  or 
enlisted  man  of  the  militia  who  shall  refuse  or  neglect  to  present 
himself  to  such  mustering  officer  upon  being  called  forth  as  herein 
prescribed  shall  be  subject  to  trial  by  court-martial,  and  shall  be 
punished  as  such  court-martial  may  direct. 

Courts-martial.  Sec.  8.  That  courts-martial  for  the  trial  of  officers  or  men  of 
the  militia,  when  in  the  service  of  the  United  States,  shall  be  com¬ 
posed  of  militia  officers  only. 

Sec.  9.  That  the  militia,  when  called  into  the  actual  service  of 
the  United  States,  shall  be  subject  to  the  same  rules  and  Articles 
of  War  as  the  regular  troops  of  the  United  States. 

.  Sec.  10.  That  the  militia,  when  called  into  the  actual  service  of 
the  United  States,  shall,  during  their  time  of  service,  be  entitled 
to  the  same  pay  and  allowances  as  are  or  may  be  provided  by  law 
for  the  Regular  Army. 

How  paid.  Sec.  11.  That  when  the  militia  is  called  into  the  actual  service 

of  the  United  States,  or  any  portion  of  the  militia  is  accepted 
under  the  provisions  of  this  act,  their  pay  shall  commence  from 
the  day  of  their  appearing  at  the  place  of  company  rendezvous. 
But  this  provision  shall  not  be  construed  to  authorize  any  species 
of  expenditure  previous  to  arriving  at  such  place  of  rendezvous 
Avhich  is  not  provided  by  existing  laws  to  be  paid  after  their 
arrival  at  such  place  of  rendezvous. 


^  #  *  *  * 
Pensions.  Sec.  22.  That  when  any  officer,  non-commissioned  officer,  or  pri¬ 

vate. of  the  militia  is  disabled  by  reason  of  wounds,  or  disabilities 
received  or  incurred  in  the  service  of  the  United  States,  he  shall 
be  entitled  to  all  the  benefits  of  the  pension  laws  existing  at  the 
time  of  his  service,  and  in  case  such  officer,  non-commissioned  offi¬ 
cer,  or  private  dies  in  the  service  of  the  United  States  or  in  re¬ 
turning  to  his  place  of  residence  after  being  mustered  out  of  such 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


55 


service,  or  at  any  time,  in  consequence  of  wounds  or  disabilities 
received  in  such  service,  his  widow  and  children,  if  any,  shall  be 
entitled  to  all  the  benefits  of  such  pension  laws. 

5.  Whenever  the  militia  is  called  into  the  service  of  the  United  Organized  militia 
States  the  organized  militia  will  be  designated  first,  and  in  appor-  ca  rs  * 
tioning  quotas  according  to  representative  population  they  will,  to 

the  extent  practicable,  be  so  adjusted  as  not  to  leave  any  State 
or  Territory  or  the  District  of  Columbia  unprovided  with  a  reserve 
force  sufficient  to  meet  any  emergency  then  existing  or  imminent 
within  such  State  or  Territory  or  the  District  of  Columbia.  Except 
in  cases  where  the  organized  militia  has  been  called  out  by  direct 
order  of  the  President,  requisition  will  be  made  by  the  War  De¬ 
partment  upon  governors  of  the  States  or  Territories  or  the  com¬ 
manding  general  of  the  militia  of  the  District  of  Columbia,  and  the 
arm  of  the  service  and  the  number  of  organizations  thereof  re¬ 
quired  will  be  stated  in  the  requisitions. 

6.  The  President’s  authority  over  the  organized  militia  is  de-  President’s 
rived  from  the  Constitution  and  from  the  legislation  of  Congress  authority- 
in  furtherance  of  its  provisions  and  he  can  order  it  out  in  those 

cases  which  are  specifically  provided  for  in  paragraph  455.  The 
organized  militia  then  becomes  national  in  character  and  the 
President  its  commander-in-chief. 

The  President  is  the  exclusive  judge  of  the  existence  of  an 
emergency  justifying  the  ordering  out  of  the  organized  militia,  and 
the  measures  necessary  for  giving  effect  to  the  order  are  executive 
acts  which  the  Secretary  of  War  may  perform  as  the  representa¬ 
tive  of  the  President. 

7.  By  direction  of  the  President  the  minimum  enlisted  strength  Minimum  strength 
for  each  organization  of  the  organized  militia  is  fixed  as  follows :  for  orsamzatlons- 

For  a  company  of  infantry,  total  enlisted  men,  58.  This  is  based 
on  apportionment  to  grades  as  follows,  viz. :  1  first  sergeant, 

1  quartermaster  sergeant,  4  sergeants,  6  corporals,  2  cooks,  2 
musicians,  and  42  privates. 

For  a  troop  of  cavalry,  total  enlisted,  58.  This  is  based  on 
apportionment  to  grades  as  follows,  viz. :  1  first  sergeant,  1  quar¬ 
termaster  sergeant,  4  sergeants,  6  corporals,  2  cooks,  2  farriers 
and  blacksmiths,  1  saddler,  2  trumpeters,  and  39  privates. 

For  a  company  of  engineers,  total  enlisted,. 58.  This  is  based 
on  apportionment  to  grades  as  follows,  viz. :  1  first  sergeant,  1 
quartermaster  sergeant,  4  sergeants,  6  corporals,  2  cooks,  2  musi¬ 
cians,  21  privates  first  class,  and  21  privates  second  class. 

For  a  company  of  coast  artillery,  total  enlisted,  63.  This  is 
based  on  apportionment  to  grades  as  follows,  viz. :  1  first  ser¬ 
geant,  .1  quartermaster  sergeant,  4  sergeants,  6  corporals,  2  cooks, 

2  mechanics,  2  musicians,  and  45  privates. 


56 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Below  minimum. 


Equipment  kept 
on  hand. 


For  a  battery  of  field  artillery,  total  enlisted,  133.  This  is  based 
on  apportionment  to  grades  as  follows,  viz. :  1  first  sergeant,  1 
quartermaster  sergeant,  1  stable  sergeant,  6  sergeants,  12  corporals, 
2  musicians,  4  artificers,  2  cooks,  and  104  privates. 

For  a  company  of  signal  corps,  total  enlisted,  58.  This  is  based 
on  apportionment  to  grades  as  follows,  viz. :  5  sergeants  first  class, 
5  sergeants,  10  corporals,  2  cooks,  18  privates  first  class,  and  18 
privates  second  class. 

For  the  hospital  corps:  (a)  Ambulance  company  section,  total 
enlisted,  43.  This  is  based  on  apportionment  to  grades  as  follows, 
viz. :  2  sergeants  first  class,  7  sergeants,  and  34  privates,  first 
class  and  privates,  (b)  Field  hospital,  total  enlisted.  33.  This  is 
based  on  apportionment  to  grades  as  follows,  viz. :  3  sergeants  first 
class,  6  sergeants,  and  24  privates,  first  class  and  privates. 

8.  No  organization  will  be  accepted  into  the  service  of  the  United 
States  which,  in  the  number  of  its  officers  and  enlisted  men,  is 
below  the  minimum  prescribed  by  the  President,  or  above  the 
maximum  strength  fixed  by  law  for  such  organization ;  and  when¬ 
ever  any  organization  which  is  ordered  out,  or  called  upon,  is  be¬ 
low  the  minimum,  it  shall  be  immediately  recruited  to  at  least  that 
standard  before  leaving  its  home  station. 

9.  From  the  day  that  any  portion  of  the  organized  militia 
ordered  into  actual  service  of  the  United  States  appears  at  the 
place  of  company  rendezvous,  the  men  will  be  provided  with  the 
necessary  clothing,  equipment,  armament,  and  ammunition,  sub¬ 
sisted,  and  transported  to  the  place  of  concentration,  under  the 
following  plan : 

(a)  Governors  of  States  and  Territories  and  the  commanding 
general  of  the  militia  of  the  District  of  Columbia  will  be  required 
to  keep  on  hand,  either  at  the  various  company  armories  or  in 
suitable  storehouses,  a  sufficient  supply  of  arms,  clothing,  etc.,  to 
completely  equip  for  the  field  the  minimum  number  of  men  pre¬ 
scribed  by  the  President  for  each  organization,  so  that  on  being 
called  into  the  service  any  organization  will  be  completely  equipped 
from  the  stores  on  hand  in  the  State  or  Territory  or  the  District 
of  Columbia  without  calling  on  the  War  Department  for  assist¬ 
ance  ;  any  organization  which  is  below  the  minimum,  and  which 
is  obliged  to  recruit  to  its  proper  standard,  is  thus  enabled  to  im¬ 
mediately  uniform,  arm,  and  equip  the  recruits  before  proceeding 
to  the  place  of  concentration  where  they  will  eventually  be  mus¬ 
tered  into  the  service  of  the  United  States. 

(b)  The  various  locations  of  company  rendezvous  rendering  it 
impossible  to  issue  rations  in  kind  economically,  the  commanding 
officer  of  any  portion  of  the  organized  militia  called  into  the  actual 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


service  of  the  United  States  will  purchase  cooked  meals  for  his 
command  while  at  the  company  rendezvous,  and  thereafter  until 
arrival  at  the  State  camp  or  other  place  of  concentration  where 
rations  in  kind  are  available  for  issue.  An  expense  not  exceeding  How  subsisted. 
60  cents  a  man  a  day  is  authorized  for  such  meals,  except  for  the 
time  consumed  in  traveling  to  the  State  camp  or  other  place  of 
concentration,  during  which  time  not  exceeding  75  cents  a  man  a 
day  is  authorized.  The  purchase  of  cooked  meals,  as  above,  should 
be  made  after  advertising,  or,  if  conditions  do  not  permit  of  adver¬ 
tising,  in  open  market  under  paragraph  549,  the  accounts  prepared 
on  Form  7  of  the  Subsistence  Department  (the  voucher  covering 
the  travel  period  to  show  places  between  which,  and  dates  when, 
travel  was  performed)  certified  by  the  officer  procuring  the  meals, 
and  sent  to  the  chief  commissary  of  the  department  for  payment. 

(c)  When  the  organized  militia  is  ordered  into  the  service  of  Transportation, 
the  United  States,  the  quartermaster  general  of  the  State  or  Ter¬ 
ritory  or  of  the  militia  of  the  District  of  Columbia,  or  an  officer 
designated  by  the  Governor  or  the  commanding  general  of  the  mili¬ 
tia  of  the  District  of  Columbia,  will  arrange  for  the  necessary 
transportation  from  the  company  rendezvous  to  the  place  of  con¬ 
centration.  He  will  ascertain  the  number  of  officers  and  men,  the 

number  of  animals,  and  approximate  weight  of  the  property  for 
which  transportation  will  be  required,  and  submit  the  data  to 
competing  lines  of  transportation  with  a  view  to  securing  the  best 
rates  obtainable  from  starting  points  to  the  place  of  concentration. 

(Form  of  circular  for  this  purpose  is  given  in  paragraph  693, 
Quartermaster’s  Manual,  1904). 

Blank  forms  of  contracts,  transportation  requests,  and  bills  of 
lading,  to  cover  the  cost  of  the  movements,  on  which  are  printed 
full  instructions,  will  be  furnished  by  the  chief  quartermaster  of 
the  military  department  in  which  the  State  or  Territory  or  the 
District  of  Columbia  is  located,  on  application. 

All  accounts  for  the  transportation  of  the  organized  militia  Accounts  paid, 
ordered  out  will  be  submitted  by  the  carriers  to  the  officer  of 
the  State  or  Territory  or  of  the  militia  of  the  District  of  Colum¬ 
bia  making  the  contract,  who  will  examine  them,  and,  if  found 
correct,  transmit  them  duly  certified,  together  with  the  transpor¬ 
tation  requests,  bills  of  lading,  and  contracts,  to  the  chief  quarter¬ 
master  of  the  military  department  in  which  the  State  or  Terri¬ 
tory  or  the  District  of  Columbia  is  located,  for  adjustment  and 
settlement. 

( d )  Ammunition  will  be  supplied  under  orders  of  the  War  Ammunition. 
Department  upon  arrival  at  place  of  concentration. 

10.  To  expedite  the  mobilization  of  the  organized  militia  ordered  mobilization. 


58 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Physical  exami¬ 
nation. 


Muster  rolls. 


into  the  service  of  the  United  States,  the  War  Department  after 
consultation  with  the  governors  or  the  commanding  general  of  the 
militia  of  the  District  of  Columbia  will  designate  convenient  places 
in  the  State  or  Territory  or  in  the  District  of  Columbia  for  assem¬ 
bling  companies,  batteries,  etc.,  the  United  States  Government 
meeting,  as  hereinbefore  provided,  all  authorized  expenses  inci¬ 
dent  to  this  preliminary  concentration  from  the  day  the  militia 
appear  at  their  places  of  company  rendezvous.  The  organized 
militia  called  into  the  service  of  the  United  States  will  be  mus¬ 
tered  in  at  these  designated  places  of  concentration  by  officers  of 
the  Army  detailed  for  this  purpose  by  the  War  Department.  The 
extent  of  the  physical  examination,  upon  said  muster  in,  will  be 
in  accordance  with  the  length  and  character  of  the  service  for 
which  the  organizations  are  called  out  and  will  be  prescribed 
in  orders  from  the  War  Department :  Provided,  that  in  such 
States  or  Territories  or  the  District  of  Columbia  as  shall  have 
adopted  a  standard  of  physical  examination  for  enlistment  and 
re-enlistment  of  the  organized  militia  approved  by  the  Secretary 
of  .War,  such  militia  shall  be  deemed  under  the  law  “fit  for  mili¬ 
tary  service,”  and  shall  be  duly  mustered  into  the  service  of  the 
United  States  as  such.  Under  these  conditions,  as  soon  as  practica¬ 
ble  after  such  muster  in,  without  interfering  with  the  supreme 
duty  of  the  militia,  the  defense  of  the  country,  and  in  such  a  man¬ 
ner  as  not  to  prevent  their  employment  against  an  enemy,  a  physi¬ 
cal  examination  will  be  made  by  a  medical  officer  of  the  Army 
detailed  for  the  purpose,  who  shall  note  all  cases  of  defect  and 
cause  the  same  to  be  entered  on  the  muster  roll  against  the  name 
of  each  individual,  stating  in  each  case  whether  the  defect  so 
noted  existed  prior  to  the  muster  in  of  the  soldier. 

11.  It  shall  be  the  duty  of  every  officer  designated  to  muster 
into  the  service  of  the  United  States  any  of  the  militia  of  the  sev¬ 
eral  States  or  Territories  or  of  the  District  of  Columbia,  to  see 
that  the  muster  rolls  contain  all  information  that  might  in  any 
way  affect  pay  or  which  it  might  be  necessary  to  consider  in  the 
settlement  of  claims  for  pensions.  Blank  forms  and  detailed 
instructions  will  be  forwarded  to  mustering  officers  by  the  War 
Department. 

Upon  the  completion  of  the  muster  in  of  any  organization,  the 
mustering  officer  shall  forward  the  rolls  promptly  to  their  proper 
destinations  as  given  in  his  detailed  instructions. 

12.  In  all  cases  payments  to  militia  mustered  into  the  service  of 
the  United  States  will  be  made  in  the  same  manner  as  to  organiza¬ 
tions  of  the  Regular  Army. 

13.  At  the  termination  of  the  period  for  which  the  President 


Mustering  out. 


REGULATIONS  FOE,  THE  N.  C.  NATIONAL  GUARD. 


59 


called  the  militia  forces  into  the  service  of  the  United  States,  they 
shall  be  mustered  out  by  an  officer  of  the  Army  detailed  for  the 
purpose,  at  such  rendezvous  favorable  to  all  interests  concerned 
as  may  be  directed  by  the  War  Department.  The  mustering  officer 
will  be  provided  by  the  War  Department  with  blanks  and  detailed 
instructions. 

14.  To  facilitate  the  settlement  of  claims  that  may  be  made  for  Claims, 
pensions  on  account  of  disability  incurred  in  the  military  service — 

that  is,  to  establish  the  rights  of  persons  under  the  pension  laws, 
as  well  as  to  protect  the  interests  of  the  United  States — a  thorough 
physical  examination  of  all  officers  and  enlisted  men  of  the  militia 
will  be  made  immediately  prior  to  their  discharge  or  their 
muster  out. 

15.  Specific  regulations  for  mustering  the  militia  into  the  service 
of  the  United  States  and  for  its  muster  out  will  be  published  by 
the  War  Department  when  the  necessity  arises. 

1 6.  When  any  company,  troop,  battery,  battalion,  or  ^regiment  Enlisting  in 
of  the  organized  militia  of  any  State  or  Territory  or  of  the  District  v°  un  eer  arm' 
of  Columbia  enlists  in  a  body  in  the  Volunteer  Army,  such  organi¬ 
zation  loses  its  identity  as  a  part  of  the  organized  militia,  so  far 

as  the  United  States  Government  is  concerned,  changes  its  designa¬ 
tion,  and  becomes  a  similar  unit  of  the  Volunteer  Army.  It  shall 
comply  with  all  the  conditions  and  requirements  prescribed  for 
similar  organizations  of  the  Volunteer  Army  as  to  strength,  medi¬ 
cal  examination,  etc.  If  the  President,  under  authority  vested  in 
him  by  law,  has  called  forth'  any  of  the  organized  militia,  no  part 
of  the  organization  so  called  forth  is  eligible  for  enlistment  in  the 
Volunteer  Army,  should  one  be  raised,  until  properly  mustered  out 
of  the  service  of  the  United  States. 

THE  DIVISION. 

17.  In  case  the  National  Guard  shall  be  increased  at  any  time  Division  staff, 
to  two  or  more  brigades  the  brigades  and  other  military  units  of 

the  National  Guard  shall  compose  the  division,  which  shall  be 
commanded  by  a  major-general,  or,  in  case  of  his  absence  or  dis¬ 
ability,  by  the  senior  line  officer  of  the  National  Guard.  He  may 
be  provided  with  a  staff  as  follows : 

2  Assistant  Adjutants-general,  one  of  the  grade  of  colonel,  one 
of  the  grade  of  lieutenant-colonel. 

2  Inspectors,  one  of  the  grade  of  colonel,  one  of  the  grade  of 
lieutenant-colonel. 

1  Judge-advocate,  of  the  grade  of  lieutenant-colonel. 

2  Inspectors  of  Small-arms  Practice  and  Ordnance  Officers, 

one  of  the  grade  of  lieutenant-colonel,  one  of  the  grade  of 
major. 


60 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


New  organizations, 
how  formed. 

Petition  for 
company. 


Obedience. 


Courtesy. 


Conduct  of  officers. 


1  Quartermaster,  of  the  grade  of  lieutenant-colonel. 

1  Commissary  of  Subsistence,  of  the  grade  of  lieutenant-colonel. 

1  Surgeon,  of  the  grade  of  colonel. 

1  Engineer,  of  the  grade  of  lieutenant-colonel. 

1  Signal  Officer,  of  the  grade  of  major. 

3  Aides-de-camp,  each  of  the  grade  of  major. 

18.  A  company,  troop  or  battery  may  be  organized  upon  the  peti¬ 
tion  of  a  number  of  persons,  subject  to  military  duty,  equal  to  the 
minimum  required  for  the  organization  proposed.  Such  petitions 
shall  be  forwarded  to  the  commander-in-chief,  and,  if  approved  by 
him,  the  petitioners  shall  be  assembled,  and,  after  inspection,  shall 
be  enlisted ;  provided,  the  number  enlisted  be  not  less  than  the 
minimum  number  required  for  such  organization.  The  mustering 
officer  shall  then  require  the  persons  enlisted  to  elect  officers,  and 
shall  transmit  to  the  Adjutant-general  a  certificate  showing  the 
result  of  such  election,  together  with  a  muster  roll  of  the  organi¬ 
zation. 


ARTICLE  III. 

MILITARY  DISCIPLINE. 

19.  All  persons  in  the  military  service  are  required  to  obey 
strictly,  and  execute  promptly,  the  orders  of  their  superiors.  Any 
question  as  to  the  legality  or  propriety  of  an  order  should  be 
raised  after  execution  of  the  order.  First  obey  the  order,  then 
if  there  be  a  question,  raise  it  in  the  proper  way. 

20.  Courtesy  among  military  men  is  indispensable  to  discipline. 
Respect  to  superiors  will  not  be  confined  to  obedience  on  duty, 
but  will  be  extended  on  all  occasions.  When  an  officer  or  man 
enters  an  armory  under  orders,  he  ceases  to  be  a  citizen  and  be¬ 
comes  a  soldier.  From  that  moment  his  identity,  other  than  as  a 
member  of  the  organization  of  which  he  is  a  part,  is  lost  until 
he  is  dismissed  from  duty.  No  better  test  of  the  personal  quali¬ 
ties  and  character  of  any  man  can  be  had  than  that  which  shows 
him  capable  of  sinking  his  personality  and  becoming  the  proper 
part  of  the  military  machine  of  which  he  is  a  member.  This 
whether  he  be  a  private  or  general. 

21.  The  conduct  of  officers  in  their  relations  with  enlisted  men 
serving  under  them  while  under  orders  should  be  precisely  that 
which  is  found  between  officers  and  men  in  the  regular  army.  This 
is  part  of  good  discipline.  Officers  and  men  must  inform  them¬ 
selves  as  to  what  these  usages  are  in  the  regular  army  of  the 
United  States,  and  then  conform  absolutely.  When  the  duties  of  a 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


61 


soldier  are  laid  aside  and  a  return,  as  it  were,  to  civil  life  is  had, 
then  the  social  relations  which  exist  between  officers,  and  officers 
and  men,  revert  to  the  original  conditions.  Respect  in  the  service 
and  proper  courtesy  should  be  shown  superiors,  not  necessarily 
because  they  are  personally  superior,  but  on  account  of  the  office 
which  they  hold.  In  other  words,  respect  the  office  if  not  the  man, 
but  in  any  case  show  respect.  Enlisted  men  will  not  be  expected 
or  required  to  salute  officers  when  out  of  uniform  and  not  under 
orders,  but  every  courtesy  required  by  the  Regulations  of  the 
United  States  Army  will  be  shown  when  under  orders,  whether 
officers  be  with  or  without  uniform. 

22.  Military  authority  will  be  exercised  'with  firmness,  kindness  Authority, 
and  justice.  Punishments  must  conform  to  law,  and  follow 
offenses  as  promptly  as  circumstances  will  permit. 

23.  Superiors  are  forbidden  to  injure  those  under  their  author¬ 
ity  by  tyrannical  or  capricious  conduct,  or  by  abusive  language. 

24.  Deliberations  or  discussions  among  military  men  conveying  Discussions, 
praise  or  censure,  or  any  mark  of  approbation,  towards  others  in 

the  military  service,  and  all  publications  relating  to  private  or 
personal  transactions  between  officers,  are  prohibited. 

25.  Officers  and  enlisted  men  of  the  National  Guard  shall  be  in  armories, 
considered  on  duty  whenever  in  the  headquarters  or  armories  of 

their  regiments  or  companies,  and  will  obey  the  orders  of  their 
superiors  present,  the  same  as  upon  any  duty  required  by  law  or 
orders,  and  all  commanders  or  officers  detailed  by  them  for  the 
purpose  shall  have  the  right  to  visit,  at  any  time,  any  headquar¬ 
ters  or  armory  within  their  command,  and  give  any  orders  which 
they  may  think  for  the  best  interest  of  the  service.  Armories 
shall  be  under  the  entire  control  of  the  senior  officer  of  the  organi¬ 
zations  therein  quartered  unless  otherwise  ordered,  excepting  that 
any  officer  shall  have  access  to  armories  when  in  the  line  of  duty. 

26.  The  introduction  or  use  of  intoxicating  liquors  of  any  kind  intoxicating 

liquors. 

whatsoever,  by  any  officer  or  enlisted  man  of  the  North  Carolina 
National  Guard,  or  other  person,  in  any  drill  hall,  assembly  room, 
store  room,  club  room,  or  office,  or  any  other  room  used  in  con¬ 
nection  with  any  armory  for  which  the  State  pays  a  rental,  is 
prohibited. 


ARTICLE  IV. 

PRECEDENCE  OF  REGIMENTS  AND  CORPS. 

27.  On  all  occasions  of  ceremony,  troops  are  arranged  from  Troops,  how  posted 
right  to  left  in  line,  and  from  head  to  rear  in  column,  in  the  fol-  m  hne  or  column‘ 
lowing  order:  First,  infantry;  second,  field  artillery;  third,  cav- 


62 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Definition  of 
military  rank. 


How  held. 


airy.  Artillery  serving  as  infantry  is  posted  as  infantry ;  dis¬ 
mounted  cavalry  and  marines  are  on  the  left  of  the  infantry ; 
engineer  troops  and  detachments  of  the  Signal  Corps  are  on  the 
right  of  the  command  to  which  they  are  attached;  detachments 
of  the  Hospital  Corps  are  assigned  to  place  according  to  the  na¬ 
ture  of  the  service.  When  cavalry  and  field  artillery,  or  field 
artillery  and  infantry,  are  reviewed  together  without  other  troops, 
the  artillery  is  posted  on  the  left.  In  the  same  arm,  regulars, 
U.  S.  volunteers,  and  militia  are  posted  in  line  from  right  to 
left,  or  in  column  from  head  to  rear,  in  the  order  named.  In 
reviews  of  large  bodies  of  troops  the  different  arms  and  classes 
are  posted  at  the  discretion  of  the  commanding  general,  due 
regard  being  paid  to  their  position  in  camp.  On  all  other  occa¬ 
sions  troops  of  all  classes  are  posted  at  the  discretion  of  the  gen¬ 
eral  or  senior  commander.  [A.  R.  6]. 


ARTICLE  V. 

RANK  AND  PRECEDENCE  OF  OFFICERS  AND  NON¬ 
COMMISSIONED  OFFICERS. 

28.  Military  rank  is  that  character  or  quality  bestowed  on  mili¬ 
tary  persons  which  marks  their  station,  and  confers  eligibility  to 
exercise  command  or  authority  in  the  military  service  within  the 
limits  prescribed  by  law.  It  is  divided  into  degrees  or  grades, 
which  marks  the  relative  positions  and  powers  of  the  different 
classes  of  persons  possessing  it.  [A.  R.  7]. 

29.  Rank  is  generally  held  by  virtue  of  office  in  an  arm  of  the 
service,  corps,  or  department,  but  may  be  conferred  independently 
of  office,  as  in  the  case  of  retired  officers  and  of  those  holding  it 
by  brevet.  [A.  R.  8]. 

30.  The  following  are  the  grades  of  rank  of  officers  and  non¬ 
commissioned  officers : 

1.  Lieutenant-general. 

2.  Major-general. 

3.  Brigadier-General. 

4.  Colonel. 

5.  Lieutenant-colonel. 

6.  Major. 

7.  Captain. 

8.  First  lieutenant. 

9.  Second  lieutenant. 

10.  Veterinarian,  cavalry  and  artillery. 

11.  Cadet. 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


63 


12.  Sergeant-major,  regimental ;  sergeant-major,  senior  grade, 
artillery ;  master  electrician ;  master  signal  electrician. 

13.  Ordnance  sergeant ;  post  commissary-sergeant ;  post  quarter¬ 
master-sergeant  ;  electrician  sergeant ;  sergeant  first  class  hospital 
corps ;  first  class  signal  sergeant. 

14.  Quartermaster-sergeant  and  commissary-sergeant,  regimen¬ 
tal  ;  chief  musician. 

15.  Sergeant-major,  squadron  and  battalion ;  sergeant-major, 
junior  grade,  artillery ;  color-sergeant ;  chief  trumpeter,  principal 
musician ;  battalion  quartermaster-sergeant,  engineers. 

16.  First  sergeant ;  drum  major. 

17.  Sergeant ;  quartermaster-sergeant,  company ;  stable  sergeant, 
battery. 

18.  Corporal. 

In  each  grade  date  of  commission,  appointment,  or  warrant 
determines  the  order  of  precedence.  [A.  R.  9]. 

31.  Officers  of  the  Regular  Army,  Marine  Corps,  and  volunteers  Date  of  commis- 
when  commissioned  or  mustered  into  the  service  of  the  United  pr^cedencef1111116 
States,  being  upon  equal  footing,  take  precedence  in  each  grade 

by  date  of  commission  or  appointment.  [A.  R.  10]. 

32.  Between  officers  of  the  same  grade  and  date  of  appointment  How  relative  rank 
or  commission,  other  than  through  promotion  by  seniority,  relative  1S  determmed- 
rank  is  determined  by  length  of  service,  continuous  or  otherwise, 

as  a  commissioned  officer  of  the  United  States,  either  in  the  Regu¬ 
lar  Army  or,  since  April  19,  1861,  in  the  volunteer  forces.  When 
periods  of  service  are  equal,  precedence  will,  except  when  fixed 
by  order  of  merit  on  examination,  be  determined,  first,  by  rank  in 
service  when  appointed ;  second,  by  former  rank  in  the  Army  or 
Marine  Corps;  third,  by  lot.  [A.  R.  11]. 

33.  The  relative  rank  between  officers  of  the  Army  and  Navy  is 
as  follows,  lineal  rank  only  being  considered : 

General  with  admiral. 

Lieutenant-General  with  vice-admiral. 

Major-General  with  rear-admiral. 

Brigadier-General  with  commodore. 

Colonel  with  captain. 

Lieutenant-Colonel  with  commander. 

Major  with  lieutenant-commander. 

Captain  with  lieutenant. 

First  lieutenant  with  lieutenant  (junior  grade). 

Second  lieutenant  with  ensign.  [A.  R.  12]. 


64 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


An  officer  in  tem¬ 
porary  command 
will  not  change 
existing  orders. 


Staff  officers  not  to 
assume  command. 


ARTICLE  VI. 

COMMAND. 

34.  Command  is  exercised  by  virtue  of  office  and  the  special 
assignment  of  officers  holding  military  rank  who  are  eligible  by 
law  to  exercise  command.  Without  orders  from  competent  author¬ 
ity  an  officer  cannot  put  himself  on  duty  by  virtue  of  his  commis¬ 
sion  alone,  except  as  contemplated  in  the  twenty-fourth  and  one 
hundred  and  twenty-second  Articles  of  War.  [A.  R.  113]. 

35.  The  following  are  the  commands  appropriate  to  each  grade: 

1.  For  a  captain,  a  company. 

2.  For  a  major,  a  battalion. 

3.  For  a  colonel,  a  regiment. 

4.  For  a  brigadier-general,  a  brigade. 

5.  For  a  major-general,  a  division.  [A.  R.  14]. 

36.  The  designation  “company,”  as  used  in  these  regulations, 
applies  to  troops  of  cavalry,  batteries  of  field  artillery,  and  to 
companies  and  bands  of  all  arms  and  corps.  The  designation 
“battalion,”  applies  in  like  manner  to  squadrons  of  cavalry.  [A. 
R.  15], 

37.  The  functions  assigned  to  any  officer  in  these  regulations  by 
title  of  office  devolve  upon  the  officer  acting  in  his  place,  except 
when  otherwise  specified.  An  officer  in  temporary  command  shall 
not,  except  in  urgent  cases,  alter  or  annul  the  standing  orders  of 
the  permanent  commander  without  authority  from  the  next  higher 
commander.  [A.  R.  16]. 

38.  An  officer  who  succeeds  to  any  command  or  duty  stands  in 
regard  to  his  duties  in  the  same  situation  as  his  predecessor.  The 
officer  relieved  will  turn  over  to  his  successor  all  orders  in  force 
at  the  time  and  all  the  public  property  and  funds  pertaining  to 
his  command  or  duty.  [A.  R  17]. 

39.  By  virtue  of  their  commission  all  officers  may  command  en¬ 
listed  men,  but  no  officer  of  the  staff  shall  assume  command  of 
troops,  while  a  line  officer  is  present  and  on  duty  with  them, 
except  under  orders  which  specially  so  direct  by  the  authority  of 
the  commander-in-chief. 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


65 


ARTICLE  VSI. 

OFFICERS. 


40.  No  person  shall  be  eligible  to  office  in  the  military  forces  of 
the  State  of  North  Carolina  who  is  not  a  male  citizen  of  the 
United  States,  of  twenty-one  years  of  age  or  upwards,  and  a  resi¬ 
dent  in  this  State,  or  who  is  under  sentence  of  disability  to  hold 
office,  or  command,  or  of  suspension  from  command,  in  the  military 
forces  of  the  United  States,  or  of  any  State. 

41.  No  election  shall  be  held  unless  a  majority  of  the  electors 
are  present  and  vote. 

42.  The  person  who  has  a  majority  of  the  written  or  printed 
votes  of  the  electors  present  and  voting,  at  an  election  of  commis¬ 
sioned  officers,  shall  be  deemed  elected. 

43.  The  qualifications  of  an  elector  are — for  -an  officer,  that  he 
has  been  elected  or  appointed  and  commissioned;  for  a  soldier, 
that  he  has  been  duly  enlisted  into  the  service  of  the  State. 

44.  An  officer  re-elected  or  reappointed  immediately  upon  expi¬ 
ration  of  his  term  of  service,  shall  retain  his  date  of  rank. 

45.  An  officer  tendering  his  resignation  will  remain  on  duty 
with  his  command  until  he  has  received  due  notice  that  his  resig¬ 
nation  has  been  accepted. 

46.  Every  qualified  voter  in  a  command  shall  be  duly  notified 
of  the  time,  date  and  place  of  a  nomination  or  an  election. 

47.  Enlistments  for  voting  purposes  are  expressly  forbidden. 
Officers  making  such  enlistments  shall  be  liable  to  trial  by  general 
court-martial. 

48.  Elections  for  officers  of  the  North  Carolina  National  Guard 
will  be  held  only  in  pursuance  of  orders  of  the  Governor  and  com¬ 
mander-in-chief,  issued  through  the  office  of  the  adjutant-general. 

49.  Any  officer  may  be  temporarily  assigned  to  do  duty  with 
other  commands,  or  in  other  departments,  than  his  own. 

50.  All  staff  officers  of  the  National  Guard  shall  be  appointed 
as  hereinafter  provided,  and  commissioned  by  the  commander-in¬ 
chief,  on  the  request  of  the  several  appointing  officers,  provided 
that  such  appointees  be  eligible. 

51.  The  following  oath  must  be  subscribed  by  all  commissioned 
officers  before  entering  upon  their  duties,  and  may  be  taken  before 
any  person  authorized  under  the  laws  of  the  State  to  admin¬ 
ister  oaths,  and  shall  be  forwarded  through  proper  channels, 
within  ten  days,  to  the  adjutant-general ;  otherwise  they  shall  be 
taken  to  have  declined : 


Election. 
Who  eligible. 


Majority. 
Who  elected. 


Qualifications  of 
electors. 


Resignation  ten¬ 
dered  does  not 
relieve  from  duty. 


Voters  must  be 
notified. 

Enlistments  for¬ 
bidden. 


Elections  held  only 
by  orders  of  com¬ 
mander-in-chief. 


Staff  officers,  how 
appointed. 


Qualification. 


5 


66 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Oath. 


Record  of  service. 


Liability  not 
affected. 


Resignation  and 
vacation  of  com¬ 
missions. 


Resignations,  how 
accepted. 


Resignations  not 
considered. 


“I, . .  do  solemnly  swear  (or  affirm)  that  I  will 

support  and  defend  the  Constitution  of  the  United  States  and  the 
State  of  North  Carolina  against  all  enemies,  foreign  and  domestic ; 
that  I  will  bear  true  faith  and  allegiance  to  the  same ;  that  I  take 
this  obligation  freely,  without  any  mental  reservation  or  purpose 
of  evasion,  and  that  I  will  well  and  faithfully  discharge  the  duties 
of  the  office  on  which  I  am  about  to  enter.  So  help  me,  God. 


(Grade). 

Subscribed  and  sworn  to  before  me  this  .  day  of 

. .  190.. 


52.  Every  person  shall,  upon  his  first  entry  in  the  service  as  an 
officer,  forward,  with  his  oath  of  office,  a  statement  upon  his 
honor,  embracing  a  complete  and  entire  record  of  his  military 
service  in  the  National  Guard  of  this  or  any  other  State,  the  volun¬ 
teer  or  regular  army  or  navy  of  the  United  States,  place  of  birth, 
date  of  entry  into  service,  of  promotions,  grades  and  positions, 
discharges,  wounds  received  and  engagements  participated  in,  if 
any,  as  enlisted  man  or  officer. 

53.  No  resignation,  removal,  discharge,  dismissal,  nomination, 
or  appointment  to  other  office,  shall  in  any  way  affect  the  liability 
of  an  officer  for  public  property  in  his  possession,  or  for  which  he 
is  responsible. 

54.  Resignations  of  all  officers  shall  be  in  writing,  addressed 
to  the  adjutant-general,  and  transmitted  through  intermediate 
commanders,  who  will  endorse  the  same,  with  their  approval  or 
disapproval.  The  address  of  officers  resigning  shall  accompany 
their  resignations. 

55.  The  commander-in-chief  alone  can  accept  the  resignation  of 
an  officer;  and  no  officer  will  be  considered  out  of  service  on  the 
tender  of  his  resignation,  until  it  has  been  duly  accepted.  Any 
officer  who,  having  tendered  his  resignation,  shall,  prior  to  due 
notice  of  its  acceptance,  and  without  leave,  quit  his  proper  duties, 
with  the  intent  to  remain  permanently  absent  therefrom,  shall  be 
considered  as  absent  without  leave,  except  when  on  or  called  for 
active  service  in  aid  of  civil  authorities  or,  in  time  of  war,  insur¬ 
rection  or  rebellion ;  at  all  of  which  excepted  times  the  49th  Article 
of  War  shall  govern. 

56.  As  a  general  rule,  resignations  tendered  by  officers  when 
under  orders  to  perform  a  special  service  will  not  be  considered. 


REGULATIONS  FOR  THE  NT.  C.  NATIONAL  GUARD. 


67 


57.  Resignations  shall  contain  full  and  complete  reasons  there-  Must  give  reasons, 
for;  and  commanding  officers  shall  not  approve  such  resignations 

unless  the  reasons  tendered  are  urgent  and  satisfactory. 

58.  When  an  officer  is  appointed  to  another  office  in  the  National  Commissions 
Guard  the  acceptance  of  a  commission  under  such  appointment  vacated* 
shall  vacate  the  position  previously  held. 

59.  An  officer  resigning  on  account  of  physical  disability  must 
submit  with  his  resignation  a  certificate  of  a  medical  officer,  or 
reputable  physician  in  good  standing,  approved  by  a  medical  offi¬ 
cer,  showing  the  extent  of  his  disability. 

60.  A  resignation  tendered  under  charges  will  be  forwarded,  Resignation  of 


accompanied  by  a  report  of  the  case  and  a  copy  of  the  charges. 
All  correspondence  with  the  adjutant-general’s  department,  on  the 
part  of  the  officer  who  tenders  the  resignation,  will  be  conducted 
through  prescribed  channels.  [A.  R.  80]. 

61.  Leave  of  absence  will  not  be  granted  on  tender  of  resigna¬ 
tion  unless  the  resignation  be  unconditional  and  immediate.  When 
leave  is  requested  the  officer’s  address  will  accompany  the  resigna¬ 
tion.  [A.  R.  81]. 

62.  An  officer  may  be  discharged  by  order  of  the  commander- 
in-chief,  either — • 

Upon  the  report  of  a  board  of  examiners ; 

Or  the  sentence  of  a  court-martial. 

63.  An  officer  may  be  honorably  discharged  by  the  commander- 
in-chief — • 

Upon  tender  of  resignation ; 

Upon  the  recommendation  of  a  medical  board ; 

Upon  the  disbandment  of  the  organization  to  which  he  belongs ; 

Or,  if  a  staff  officer,  on  the  written  request  of  the  officer  ap¬ 
pointing  him,  or  upon  the  qualification  of  his  appointed  successor ; 

Or  when  he  shall  accept  an  appointment  in  the  army  or  navy  of 
the  United  States. 

All  officers,  on  attaining  the  age  of  64  years,  shall  be  retired 
from  active  service  and  placed  on  the  retired  list. 

64.  An  officer  may  be  dismissed  by  the  commander-in-chief  when 
it  shall  appear  to  him  that  such  officer  has  been  convicted  of  a 
felony,  or  has  been  dishonorably  discharged  or  dismissed  from  the 
service  of  the  United  States,  or  from  the  National  Guard  of  this 
or  any  other  State ;  or  to  carry  out  the  sentence  of  a  court-martial. 

65.  All  officers  discharged  or  retired  from  the  service  of  the 
State  shall  be  entitled  to  receive  a  certificate  thereof  in  such  form 
as  the  commander-in-chief  shall  direct. 

66.  Dishonorable  discharges  are  given  only  upon  sentence  of  a 
court-martial. 


officers  under 
charges. 


Leave  of  absence. 


How  discharged. 


How  honorably 
discharged. 


How  dismissed. 


Entitled  to  cer¬ 
tificate. 


Dishonorably  dis¬ 
charged. 


68 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Habitual  drunken¬ 
ness. 


May  be  brought 
before  a  board. 


Transfer. 


Leave  of  absence. 


Leave  of  absence 
not  granted,  when. 


Commanding  offi¬ 
cer  to  issue  orders 
relinquishing  com¬ 
mand. 


Officers  leaving 
camp. 


67.  Habitual  intemperance,  gambling,  or  other  vices  that  tend 
to  corrupt  an  officer  and  lower  the  professional  standard  will  be 
regarded  as  proper  subjects  for  the  consideration  and  report  of  a 
board. 

68.  When  ample  testimony  establishes  the  fact  that  an  officer 
has,  through  vicious  indulgence,  slighted  or  neglected  his  duties 
to  such  a  degree  as  to  make  it  unsafe  to  intrust  him  with  a  com¬ 
mand  or  with  responsibility  that  properly  belongs  to  his  grade, 
and  when  it  is  shown  that  such  habits  have  continued  for  such 
length  of  time  as  to  render  permanent  reformation  improbable, 
this  fact,  rather  than  his  condition  when  he  appears  before  the 
board,  shall  weigh  in  finding  as  to  his  incapacity  for  further 
service  of  the  State  of  North  Carolina. 

69.  A  regimental  or  battalion  staff  officer  may  be  transferred 
from  one  command  to  another,  without  loss  of  rank,  by  the  com¬ 
mander-in-chief,  upon  the  written  application  of  the  officer  desir¬ 
ing  the  transfer,  with  the  a pproval  of  the  commanding  officers. 

70.  No  officer  shall  at  any  time  absent  himself  from  his  command 
for  a  period  of  more  than  thirty  days,  without  obtaining  a  leave 
of  absence. 

71.  Leaves  of  absence  are  given  in  special  orders,  and  may  be 
granted  for  good  and  valid  reasons  only,  to  the  officers  of  their 
respective  commands,  for  periods  not  exceeding  two  months  by 
regimental  commanders.  Applications  for  leave  of  absence  for 
periods  over  two  months  must  be  made  to  the  commander-in-chief. 

72.  A  leave  of  absence  will  not  be  granted  which  would  leave  a 
company  without  an  officer,  regiment  without  a  field  officer,  a 
camp  or  post  without  two  officers ;  nor  shall  a  leave  of  absence  be 
granted  to  an  officer  during  a  season  of  active  operations,  or  dur¬ 
ing  the  annual  encampment,  except  on  urgent  necessity. 

73.  When  troops  are  on  active  duty,  an  officer  shall  not  absent 
himself  from  his  command,  for  any  period,  without  obtaining 
leave  from  the  highest  commander  on  duty  With  the  troops. 

74.  No  officer  will  consider  himself  on  leave  until  he  shall  have 
received  a  copy  of  the  order,  or  notice,  granting  the  same. 

75.  An  officer  obtaining  leave  of  absence  is  considered  as  being 
on  duty  with  his  command  until  he  gives  official  notice  of  his 
intention  to  avail  himself  of  such  leave.  A  regimental  or  battalion 
commander  shall  issue  his  order  relinquishing  his  command  and 
designating  the  officer  on  whom  the  command  falls.  The  officer 
so  designated,  on  receipt  of  such  order,  shall  issue  his  own  order 
assuming  command. 

76.  Officers  desiring  to  leave  camp  will  secure  verbal  permis¬ 
sion  from  their  commanding  officer,  lieutenants  first  securing  per¬ 
mission  from  their  immediate  company  commanders. 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


69 


77.  An  application  for  leave  of  absence  or  extension  thereof,  Leave  on  account 
on  account  of  sickness,  must  be  accompanied  by  a  certificate,  in  of  slckness- 
prescribed  form,  from  a  medical  officer ;  if  possible,  from  one 

attached  to  the  command  of  the  applicant. 

78.  Whenever  an  officer  has  been  absent  on  account  of  sickness  Officers  may  be 
for  six  months,  he  may  be  ordered  before,  and  examined  by,  a  JJjSgJjd  examiners, 
medical  board,  and  upon  their  recommendation  shall  be  discharged. 

79.  An  officer  returning  to  duty  from  a  leave  of  absence  must 
report  immediately  in  writing,  through  superior  commanders,  to 
the  officer  by  whom  his  leave  was  granted,  and  forthwith  make 
himself  acquainted  with  all  orders  issued  during  his  absence. 

80.  An  officer  absent  from  his  command  three  months  without 
leave  shall  be  dropped  from  the  rolls  of  the  National  Guard,  for 
desertion. 

81.  Whenever  an  officer  is  ordered  to  perform  any  duty,  not  Traveling  on  duty, 
being  with  troops,  he  shall  proceed  by  the  most  direct  practicable 

route  without  unnecessary  delay ;  and  except  in  case  of  sudden 
illness,  must  not  apply  for  leave  q£  absence  from  the  time  he 
receives  the  order  until  the  duty  has  been  performed. 

82.  Officers  are  entitled  to  use  State  transportation  requests  at  state  transporta- 
public  expense  only  when  traveling  on  duty  by  order  of  competent tlon' 
authority.  The  use  of  State  transportation  requests  except  when 

on  duty  is  prohibited. 

83.  When  an  officer  dies,  his  immediate  commanding  officer  will  Death  of  an  officer, 
make,  in  writing,  a  report  of  his  death,  specifying  the  date,  place  how  reP°rted- 
and  cause,  and  forward  the  same  through  proper  channels  to  the 

office  of  the  adjutant-general. 

84.  Any  effects  of  a  deceased  officer  which  may  be  left  in  the  Deceased  officers, 
armory,  camp,  or  other  rendezvous  of  the  company,  will  be  care¬ 
fully  collected  and  turned  over  by  the  company  commander  to  the 

legal  representative  of  the  deceased. 

85.  Any  member  of  the  National  Guard  learning  of  the  death  Any  member  of 
of  another  member,  and  having  reason  to  suppose  the  same  has  de'ath.N'  G‘  report 
not  been  already  reported,  will  immediately  notify  the  proper  com¬ 
manding  officer  of  the  fact  and  circumstances. 

86.  On  the  death  of  an  officer  in  charge  of  public  funds  and  Officer  deceased  in 
property,  his  immediate  commanding  officer  will  designate  an  offi-  fSnds6  °f  pubhc 
cer  to  take  up  and  inventory  such  funds  and  property,  and  make 

the  customary  returns  therefor,  stating  actual  amounts  and  condi¬ 
tions,  forwarding  same  to  the  adjutant-general.  The  action  herein 
prescribed  will  also  be  taken  in  the  case  of  an  officer  who,  while  in 
charge  of  public  funds  or  property,  deserts  or  becomes  insane. 


70 


REGULATIONS  EOR  THE  N.  C.  NATIONAL  GUARD. 


Rank. 


Must  be  ordained. 


To  visit  the  sick. 


Officers  must 
assist  chaplains. 


Must  be  examined. 


Pay. 


Duties. 


ARTICLE  VIII. 

CHAPLAIN. 

87.  The  chaplain  is  recognized  as  entitled  to  the  same  consid¬ 
eration  and  courtesy  as  an  officer  having  the  rank  of  captain,  with¬ 
out  the  title  or  privilege  of  command.  He  is  subject  to  the  same 
rules  and  regulations  as  other  officers  of  the  National  Guard.  He 
does  not  wear  a  sword.  At  parade  his  place  is  on  the  left  of  the 
commissioned  staff. 

88.  No  person  should  be  appointed  to  the  office  of  chaplain  who 
is  not  a  regularly  ordained  minister  of  some  religious  denomina¬ 
tion,  and  who  is  not  known  to  be  in  good  standing  as  such. 

89.  It  is  the  duty  of  the  chaplain,  having  previously  signified 
his  intention  to  the  medical  officer  in  charge,  to  visit  the  sick  in 
hospital  or  in  quarters,  in  order  to  afford  religious  advice  and  con¬ 
solation. 

90.  All  chaplains  shall  be  jffepared  to  hold  appropriate  religious 
services  at  military  funerals.  It  shall  be  their  duty  to  hold  public 
religious  services,  when  on  duty  with  their  commands,  at  least 
once  each  Sunday  when  practicable,  and  at  such  other  times  as 
their  commanding  officers  shall  authorize. 

91.  All  officers  are  required  to  do  everything  in  their  power  to 
aid  chaplains  in  the  discharge  of  their  duties. 


ARTICLE  IX. 

VETERINARIANS. 

92.  Veterinarians  are  appointed  by  the  commander-in-chief,  sub¬ 
ject  to  competitive  examinations  as  to  eligibility,  capacity,  and 
fitness.  The  scope  and  conditions  of  such  examinations  will  be 
announced  in  orders  from  time  to  time  by  the  adjutant-general. 
They  shall  receive  certificates  of  appointment  signed  by  the  com¬ 
mander-in-chief. 

93.  A  veterinarian  has  the  pay  of  a  second,  lieutenant,  mounted, 
and  is  entitled  to  the  same  allowances  in  kind,  of  quarters,  fuel 
and  lights.  [A.  R.  89]. 

94.  It  shall  be  the  duty  of  the  veterinarian  to  visit  at  least 
daily  all  sick  or  injured  animals  at  his  station,  and  to  recommend 
such  treatment  as  he  may  deem  proper.  He  will  have  access  to 
the  stables  at  all  times.  Upon  request  he  will  attend  such  author¬ 
ized  private  horses  of  mounted  officers  as  may  need  his  services. 
[A.  R.  90]. 


mmw  in  i  n 

REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD.  71 

ARTICLE  X. 

POST  NON-COMMISSIONED  STAFF. 

•  95.  The  post  non-commissioned  staff  consists  of  ordnance,  post 
commissary  and  post  quartermaster  sergeants.  They  are  appointed 
by  the  commander-in-chief  from  the  line. 

96.  A  post  non-commissioned  staff  officer  will  assist  the  officer 
of  his  department,  and  will  not  be  detailed  upon  any  service  not 
pertaining  to  his  proper  position,  unless  the  necessities  of  the 
service  require  such  detail,  in  which  case  the  post  commander  will 
note  the  fact,  with  reasons  therefor,  on  the  sergeant’s  personal 
report  [A.  R.  97]. 

97.  A  post  non-commissioned  staff  officer  may  be  re-enlisted,  pro-  Re-enlistment, 
vided  he  shall  have  conducted  himself  properly  and  performed 

his  duties  in  a  satisfactory  manner.  If,  however,  his  commanding 
officer  should  not  deem  the  re-enlistment  to  be  for  the  best  interest 
of  the  service  he  will  communicate  his  reasons  to  the  adjutant- 
general  in  time  to  receive  the  decision  of  the  commander-in-chief 
before  the  soldier’s  discharge.  A  post  non-commissioned  staff  offi¬ 
cer  will  be  furnished  with  a  warrant  signed  by  the  commander-in- 
chief.  The  warrant  will  remain  in  force  so  long  as  the  soldier  is 
continuously  in  the  service,  i.  e.,  if  he  re-enlists  the  day  following 
that  of  his  discharge.  Every  such  re-enlistment  will  be  noted  on 
the  back  of  the  warrant  by  the  officer  who  re-enlists  the  soldier,  as 
follows:  Re-enlisted  (date);  warrant  continued. 

98.  Post  non-commissioned  staff  officers,  though  liable  to  dis-  Not  to  be  reduced, 
charge  for  inefficiency  or  misconduct,  will  not  be  reduced.  [A. 

R.  102]. 


ARTICLE  XI. 

ENLISTMENTS. 

99.  Any  male  citizen  of  the  State  of  North  Carolina  or  person  Qualifications, 
who  has  legally  declared  his  intention  to  become  a  citizen,  if 

above  the  age  of  twenty-one  and  under  the  age  of  thirty-five  years, 
able-bodied,  free  from  disease,  of  good  character  and  temperate 
habits,  may  be  enlisted  under  the  restrictions  contained  in  this 
article.  In  regard  to  age  this  regulation  shall  not  apply  to  sol¬ 
diers  who  have  served  honestly  and  faithfully  a  previous  enlist¬ 
ment  in  the  North  Carolina  National  Guard. 

1 00.  The  enlistment  of  persons  of  any  of  the  following  classes  who  prohibited, 
is  prohibited:  Former  soldiers  whose  service  during  last  term  of 


72 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Minors. 


Recruiting  officer 
responsible. 


Married  men. 


Enlistment  papers. 


enlistment  was  not  honest  and  faithful,  insane  or  intoxicated  per¬ 
sons,  deserters  from  the  military  or  naval  service  of  the  United 
States,  the  National  Guard  of  this  or  any  other  State,  persons 
who  have  been  convicted  of  felony,  or  who  have  been  imprisoned 
under  sentence  of  a  court  in  a  reformatory,  jail  or  penitentiary ; 
also  foV  original  enlistment,  persons  under  eighteen  or  over  forty- 
five  years  of  age,  and  for  first  enlistment  in  time  of  peace  any 
person  who  is  not  a  citizen  of  this  State,  or  who  has  not  made  a 
legal  declaration  of  his  intention  to  become  a  citizen  of  the  United 
States,  or  who  cannot  speak,  read,  and  write  the  English  language. 

101.  Recruiting  officers  will  be  very  particular  to  ascertain  the 
true  age  of  the  recruit.  If  any  doubt  exists  as  to  the  applicant’s 
statement  regarding  his  true  age,  his  oath  will  not  be  taken  as 
conclusive  evidence  of  the  fact,  and  if  he  cannot  furnish  compe¬ 
tent  proof  to  support  his  statement  lie  will  be  rejected.  Minors 
between  the  ages  of  eighteen  and  twenty-one  years  may  be  enlisted 
with  the  written  consent  of  father,  only  surviving  parent,  or 
legally  appointed  guardian.  When  a  minor  presents  himself  for 
enlistment  under  the  provisions  of  this  paragraph,  his  parents  or 
guardian,  should  he  have  any,  will  be  found  and  informed  of  the 
application ;  should  he  be  without  parents  or  guardian,  the  recruit¬ 
ing  officer  must  reject  him  unless  the  applicant  shall  procure  the 
legal  appointment  of  a  guardian  and  obtain  his  written  consent. 

102.  Recruiting  officers  will  be  held  to  a  rigid  accountability  for 
the  enlistment  of  men  who  may  be  found  unfitted  for  the  service. 
If  a  recruit,  after  having  been  enlisted,  be  rejected,  or  discharged 
as  a  minor,  and  it  appears  that  the  enlistment  was  carelessly 
made  or  in  violation  of  these  regulations,  any  expense  incurred 
in  consequence  of  the  enlistment  may  be  charged  against  the  offi¬ 
cer  responsible. 

103.  The  enlistment  or  re-enlistment  of  married  men  for  the 
line  of  the  North  Carolina  National  Guard  is  to  be  discouraged, 
and  will  be  permitted  only  for  some  good  reason  in  the  public 
interest,  the  efficiency  of  the  service  to  be  of  the  first  considera¬ 
tion.  Applications  for  such  enlistments  or  re-enlistments  will 
be  finally  determined  by  the  regimental  commander,  or  other 
proper  commanding  officer  if  there  be  no  regimental  organization. 

104.  After  the  nature  of  the  service  and  terms  of  enlistment 
have  been  fully  explained  to  the  applicant,  and  before  the  enlist¬ 
ment  blanks  are  filled,  the  officer  will  read  to  him  and  offer  for 
his  signature  the  following  declaration  which  will  be  contained 
in  the  enlistment  paper : 

I,  . .  desiring  to  enlist  in  the  National 

Guard  of  the  State  of  North  Carolina  for  the  term  of  three  years, 


Declaration. 


REGULATION'S  FOR  THE  N.  C.  NATIONAL  GUARD. 


73 


do  declare  that  I  am  of  legal  age  to  enlist,  and  believe  myself  to 
be  physically  qualified  to  perform  the  duties  of  an  able-bodied 
soldier;  and  I  do  further  declare  that  I  am  of  good  habits  and 
character  in  all  respects,  and  have  never  been  discharged  from  the 
United  States  service  (Army  or  Navy)  or  the  National  Guard  of 
North  Carolina  or  any  other  State  on  account  of  disability,  or 
through  sentence  of  either  civil  or  military  court,  nor  discharged 
from  any  service,  civil  or  military,  except  with  good  character, 
and  for  the  reasons  given  by  me  to  the  recruiting  officer  prior  to 
this  enlistment. 

Given  at  . this  .  day  of  . ,  190 . . 

Witness : 


If  the  applicant  be  a  minor,  his  parents  or  guardian  must  give  Consent  of  parents, 
consent  in  writing  in  the  following  terms : 

I, . ,  do  certify  that  I  am  the . of 

. ;  that  the  said .  is  . 

years  of  age ;  and  I  do  hereby  freely  give  my  consent  to  his  enlist¬ 
ment  as  a  Soldier  in  the  National  Guard  of  the  State  of  North 
Carolina. 

Given  at . .  this . day  of . 190. . 

Witness : 


This  consent  will  appear  on  the  enlistment  paper,  and  will  fol¬ 
low  the  foregoing  declaration. 

1 05.  Recruiting  officers  will  not  allow  any  man  to  be  enticed  Recruiting  officers 
into  the  service  by  false  representations,  but  will,  in  person,  ex-  Wl11  explain* 
plain  to  every  man  before  he  signs  the  enlistment  paper  the  nature 

of  the  service,  the  length  of  the  term,  the  amount  of  pay,  clothing, 
rations,  and  other  allowances  to  which  a  soldier  is  entitled  by  law. 

[A.  R.  863]. 

106.  As  soon  as  practicable,  the  following  form  of  enlistment 
will  be  signed  by  and  oath  administered  to  the  recruit : 

State  of  North  Carolina — City  or  Town  of . ,  ss.:  Oath. 

U  . ,  born  in  . .,  in 

the  State  of  . ,  aged  .  years 

and . months,  race . ,  and  by  occupation  a . , 

do  hereby  acknowledge  to  have  voluntarily . enlisted 

this  .  day  of  . . .  190. .,  as  a  Soldier  in 


74 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Bands. 


Articles  of  war 
read. 


Real  name. 


False  enlistments. 


Medical  examina¬ 
tion. 


Company  . ,  Regiment  . ,  National  Guard 

of  the  State  of  North  Carolina,  for  the  period  of  three  years  un¬ 
less  sooner  discharged  by  proper  authority ;  and  do  also  agree  to 
accept  from  the  State  of  North  Carolina  such  pay,  rations,  and 
clothing  as  are  or  may  be  established  by  law.  And  I  do  solemnly 
swear  (or  affirm)  that  I  will  bear  true  faith  and  allegiance  to  the 
United  States  of  America  and  to  the  State  of  North  Carolina,  that 
I  will  serve  them  honestly  and  faithfully  against  all  their  enemies 
whomsoever,  and  that  I  will  observe  the  orders  of  the  President 
of  the  United  States,'  the  Governor  of  North  Carolina,  and  the 
orders  of  the  officers  appointed  over  me,  according  to  the  Regula¬ 
tions  for  the  Government  of  the  Armies  of  the  United  States  and 
of  the  North  Carolina  National  Guard. 

Subscribed  and  sworn  to  before  me  this  .  day 

of . ,  A.  D.  190. . 


Recruiting  Officer. 

This  oath  may  be  administered  by  any  commissioned  officer  of 
the  North  Carolina  National  Guard. 

107.  Members  of  the  regimental  band  will  be  enlisted  under 
the  supervision  of  the  regimental  commander,  who  may  designate 
by  order  any  commissioned  officer  of  his  regiment  to  act  as  recruit¬ 
ing  officer,  such  enlistments  to  be  made  under  the  provisions  of 
this  article. 

108.  Such  of  the  Articles  of  War  as  relate  specially  to  the 
duties  and  rights  of  enlisted  men  and  the  penalties  for  military 
crimes  will  be  plainly  read  and,  so  far  as  necessary,  explained  to 
each  recruit  just  before  administering  to  him  the  oath  of  enlist¬ 
ment.  Within  six  days  thereafter  the  Articles  of  War  will  be 
read  to  the  recruit.  [A.  R.  865]. 

109.  Enlistment  papers  will  be  made  on  printed  forms  furnished 
by  the  Adjutant-General,  and  will  be  executed  and  disposed  of  in 
accordance  writli  his  directions. 

110.  The  real  name  of  the  recruit  will  be  ascertained,  correctly 
spelled,  and  written  in  the  same  way  wherever  it  occurs,  and  the 
Christian  name  will  not  be  abbreviated.  [A.  R.  867]. 

111.  Enlistments  or  re-enlistments  will  not  be  antedated. 

112.  Should  it  become  known  that  a  recruit  had  made  a  false 
statement  concerning  his  age  or  touching  any  fact  connected  with 
his  medical  examination,  or  enlistment,  his  commanding  officer 
will  forward  such  information  to  the  Adjutant-General,  who  may 
authorize  the  soldier’s  discharge,  teitliout  honor. 

113.  The  physical  examination  of  recruits  will  be  conducted  in 
accordance  with  the  prescribed  orders  from  the  Adjutant-General. 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


75 


ARTICLE  XII. 

TRANSFER  OF  ENLISTED  MEN. 

1 1 4. .  Transfers  of  enlisted  men  will  be  made  for  cogent  reasons 
only. 

1 1 5.  A  transfer  will  take  effect  on  the  date  of  the  receipt  of  the  Transfer  to  take 
order  at  the  post  where  the  soldier  is  serving,  and  a  descriptive  effect’  when- 
list  and  account  of  pay  and  clothing  showing  that  date  will  be 
forwarded  to  the  commanding  officer  of  the  company  or  detach¬ 
ment  to  which  the  soldier  is  transferred.  The  actual  date  of 

transfer  will  be  stated  on  the  roll  upon  which  the  soldier  is  first 
paid  after  transfer. 

116.  Enlisted  men  may  be  transferred  from  one  company  to  From  one  company 
another  in  the  same  regiment  by  the  commanding  officer  of  the to  another* 
regiment,  from  one  regiment  to  another  by  the  brigade  com¬ 
mander. 

117.  An  application  for  transfer  of  an  enlisted  man  from  one  Applications,  how 
organization  to  another  must  be  made  in  writing  by  the  soldier  made- 
desiring  the  transfer;  must  state  the  cause,  and  be  accompanied 

by  a  certificate  of  nonindebtedness  to  his  company,  and  must  be 
forwarded  by  his  immediate  commander,  through  prescribed  chan¬ 
nels,  to  the  officer  having  the  authority  to  make  the  transfer. 

1 1 8.  A  transfer  shall  be  announced  in  orders  by  the  officer  mak-  Announced  in 
ing  the  transfer,  and  the  soldier  transferred  shall  be  furnished  orders- 
with  a  statement  of  his  military  record  by  his  former  commander. 


ARTICLE  XIII. 

FURLOUGHS. 

119.  Furloughs  in  the  prescribed  form .  for  such  periods  as  Who  may  grant 
deemed  necessary  may  be  granted  to  enlisted  men  when  on  active  furlou^hs- 
duty  by  the  commander  of  a  tactical  division,  separate  brigade,  or 
regimental  commander,  provided  the  regimental  commander  is  the 

highest  authority  present.  Company  commanders  may  grant  fur¬ 
loughs.  [A.  W.  11]. 

120.  At  encampment  or  in  the  field,  upon  the  receipt  of  a  fur- Transportation 
lough  showing  clearly  the  urgency  of  his  case,  the  authority  com-  furmshed- 
petent  to  grant  such  furlough  may  order  transportation  to  be 
furnished  soldier  to  enable  him  to  reach  his  destination,  provided 

that  transportation  will  not  be  issued  to  any  point  beyond  the 
limits  of  the  State  of  North  Carolina. 


76 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Granting  fur¬ 
loughs  suspended. 


How  reported. 


Effects. 


How  dropped. 


Arrest. 


121.  The  commanding  officer  of  a  corps,  or  of  a  separate  com¬ 
mand  in  the  field,  may  suspend  the  granting  of  furloughs  in  any 
or  all  organizations  within  his  command  whenever,  in  his  opinion, 
circumstances  render  it  necessary  or  advisable,  or  for  the  best 
interests  of  the  service.  [A.  R.  106]. 


ARTICLE  XIV. 

DECEASED  SOLDIERS. 

122.  When  a  soldier  dies  his  commanding  officer  will  make,  in 
writing,  on  the  monthly  report,  a  statement  of  his  death,  specify¬ 
ing  the  date,  place,  and  cause,  and  forward  in  the  usual 'manner. 
The  regimental  or  battalion  commander  will  note  said  report  on 
his  consolidated  monthly  report.  Discharge  certificate  will  not  be 
furnished  in  case  of  death. 

123.  Any  effects  of  a  deceased  soldier  which  may  be  left  in  the 
armory,  camp,  or  other  rendezvous  of  the  company,  will  be  care¬ 
fully  collected  and  turned  over  by  the  company  commander  to  the 
legal  representative  of  the  deceased. 

124.  Any  member  of  the  National  Guard  learning  of  the  death 
of  another  member,  and  having  reason  to  suppose  the  same  has 
not  been  already  reported,  will  immediately  notify  the  proper 
commanding  officer  of  the  fact  and  circumstances. 


ARTICLE  XV. 

DESERTERS. 

125.  If  a  soldier  in  time  of  peace  habitually  absents  himself 
for  a  period  of  three  months  from  all  drills  or  parades  of  his  com¬ 
pany,  he  will  be  carried  as  a  deserter,  and  his  commanding  officer 
will  furnish  a  statement  setting  out  all  the  facts,  forwarding  same 
through  military  channels  to  the  Adjutant-General,  who  may 
authorize  soldier  to  be  dropped  as  a  deserter. 

126.  If  a  soldier  when  on  duty  with  his  company,  by  order  of 
the  proper  authority  for  the  suppression  of  insurrection,  preserva¬ 
tion  of  the  peace,  or  similar  duty,  willfully  absents  himself  from 
his  command  for  more  than  twenty-four  hours,  he  shall  be  carried 
as  a  deserter,  and  his  commanding  officer  will  take  immediate 
steps  to  secure  such  deserter’s  arrest. 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


77 


127.  Deserters  in  time  of  insurrection,  or  disturbance  of  the  To  be  tried, 
peace,  when  captured,  or  when  voluntarily  surrendering  them¬ 
selves,  will  be  brought  before  a  court-martial  according  to  the 
statutes  of  North  Carolina  and  the  rules  and  articles  of  war. 

128.  Lists  of  deserters  will  be  published  by  the  Adjutant-Gen- List  published, 
eral,  in  order  for  the  information  of  the  North  Carolina  National 

Guard. 

129.  A  deserter  will  make  good  the  time  lost  by  desertion,  unless  Make  good  lost 
discharged  by  competent  authority.  He  will  be  considered  again 

in  the  service  from  the  date  of  his  apprehension  or  surrender ;  but 
if  a  deserter  enlists  while  in  desertion,  such  service  shall  not  be 
counted  as  making  good  time  lost  by  desertion. 

130.  A  deserter  will  not  be  restored  to  duty  without  trial,  ex- How  restored  to 
cept  by  authority  competent  to  order  his  trial ;  such  restoration,  duty‘ 

being  ordered  only  in  case  the  desertion  is  admitted,  does  not  re¬ 
move  the  charge  of  desertion  or  relieve  the  soldier  from  any  of 
the  forfeitures  attached  to  that  offense;  he  must  make  good  the 
time  lost  by  desertion,  refund  the  expenses  paid  for  apprehension 
and  delivery,  and  forfeit  pay  while  absent.  The  same  authority 
is  competent  to  set  aside  a  charge  of  desertion  as  having  been  erro¬ 
neously  made  and  his  order  to  this  effect  operates  to  remove  the 
charge  of  desertion  and  all  stoppages  and  forfeitures  arising  there¬ 
from. 

131.  Soldiers  not  charged  with  crime,  discovered  to  be  deserters  Deserters  from 
from  the  army,  navy,  or  marine  corps,  will  be  dropped  from  the  army  °r  navy' 
rolls  of  the  North  Carolina  National  Guard.  In  such  case  a  report 

will  be  forwarded  to  the  Adjutant-General — stating  all  the  facts 
connected  with  the  case — by  the  proper  commanding  officer. 


ARTICLE  XVI. 

DISCHARGES. 

1 32.  To  secure  the  discharge  of  an  enlisted  man,  except  for  How  secured, 
expiration  of  service,  the  immediate  commanding  officer  will  make 
application  to  the  Adjutant-General  for  such  discharge,  setting 
forth  in  full  the  reason  therefor.  The  application  will  be  for¬ 
warded  through  official  channels  for  recommendations.  If  such 
application  is  approved  by  the  Adjutant-General,  the  discharge 
will  be  authorized  and  directed  in  special  order  by  the  Adjutant- 
General.  Upon  the  receipt  of  such  order,  or  when  an  enlisted 
man’s  term  of  service  has  expired,  the  immediate  commanding 
officer  will  prepare  the  discharge  certificate,  certifying  to  the  man’s 


78 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Without  honor. 


Removal  beyond 
limits  of  town 
where  armory  is 
located. 


Must  not  drop. 


Administration. 


character  and  military  record,  and  submit  the  discharge  certificate 
to  the  regimental  or  separate  battalion  commander  for  signature. 
When  signed  the  certificate  will  be  returned  and  by  the  immediate 
commanding  officer  delivered  to  the  man. 

The  application  for  the  discharge  of  a  man  for  physical  dis¬ 
ability  must  be  accompanied  by  the  certificate  of  a  medical  officer. 

Commanding  officers,  in  preparing  discharge  certificates,  will 
exercise  especial  care  to  state  plainly  the  cause  for  discharge,  as 
well  as  the  authority  for  the  discharge.  (Example:  “Removed 

from  State,  Special  Order  No . .  A.  G.  O.,  dated . . 

1904,”  or  “Expiration  Term  of  Service”). 

133.  Discharges  without  honor  will  be  given  only  by  order  of 
the  commander-in-chief. 

134.  When  a  soldier  has  removed  to  a  place  beyond  the  town 
adjoining  the  armory  of  his  company,  and  his  company  commander 
is  satisfied  that  the  soldier  is  unable  to  attend  properly  to  duty, 
the  company  commander  may  make  application  for  the  discharge 
of  such  soldier;  provided,  that  the  company  commander  serve 
notice  in  writing  upon  such  soldier  of  his  intention  to  make  such 
application.  (Such  application  to  be  delivered  in  person  or  by 
registered  mail).  After  this  has  been  done,  and  at  the  expiration 
of  seven  days,  the  company  commander  shall  forward  such  appli¬ 
cation  in  the  manner  prescribed  to  the  Adjutant-General,  together 
with  such  statement  as  the  soldier  may  make,  with  the  following 
form  of  certificate,  endorsed  thereon :  “I  hereby  certify  that  due 
notice  according  to  regulations  has  been  given  the  above-named 
men  (or  man)  entitled  to  same.”  The  certificate  should  appear 
on  the  face  of  the  application  for  discharge  above  the  signature 
of  the  company  commander. 

If  the  removal  of  the  residence  of  a  soldier  is  out  of  the  8tate 
the  company  commander  shall  make  application  for  his  discharge. 

135.  Company  commanders  will  not  drop  the  names  of  men  from 
the  rolls  until  their  discharges  have  been  received. 


ARTICLE  XVII. 

REGIMENTS  AND  BATTALIONS. 

136.  In  the  infantry  arm  the  regiment  is  the  administrative 
unit.  The  station  of  the  permanent  regimental  commander  is  the 
headquarters  of  the  regiment.  The  command  of  a  regiment  de¬ 
volves  upon  the  senior  officer  on  duty  with  it  wherever  he  may  be 
stationed.  Whenever  incomplete  battalions  of  the  same  or  differ- 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


79 


ent  regiments  are  serving  together  the  commanding  officer  may 
designate  provisional  battalions.  The  battalion  is  a  unit  for 
maneuver  and  instruction ;  it  is  not  an  administrative  unit ;  it  has 
no  headquarters,  and  when  serving  in  the  regiment,  no  records. 

When  battalions  are  not  organized  into  regiments  the  regulations 
will  apply  thereto  when  not  otherwise  specifically  provided. 

137.  A  regimental  commander  should  continually  labor  for  the  Regimental  com- 
instruction  and  efficiency  of  his  regiment.  He  should  encourage  encourage, 
among  his  officers  harmonious  relations  and  a  friendly  spirit  of 
emulation  in  the  performance  of  duty.  His  timely  interference  to 

prevent  disputes,  his  advice  to  the  experienced  and  immediate 
censure  of  any  conduct  liable  to  produce  dissension  in  the  regiment 
or  to  reflect  discredit  upon  it,  are  of  great  importance  in  securing 
and  maintaining  its  efficiency.  In  such  efforts  he  will  receive  the 
loyal  support  of  his  subordinates.  He  will  supervise  the  instruc¬ 
tion  of  the  officers  of  his  immediate  command  and  make  an 
inspection  of  such  command  at  least  once  each  year. 

138.  Field  officers  of  the  line  of  the  North  Carolina  National  Field  and  staff. 
Guard  are  assigned  by  the  regimental  commander  to  stations  or 
commands  where  their  services  are  most  required,  provided  troops 

of  their  own  regiments  are  serving  there,  and  are  assigned  to  ap¬ 
propriate  duties  by  the  commanding  officer. 

139.  The  regimental  staff  officers  are  commissioned  by  the  com-  How  appointed, 
mander-in-chief  upon  the  recommendation  of  the  regimental  com¬ 
mander. 

140.  The  following  named  books  and  papers  will  be  kept  in  each  Books  and  papers, 
regiment:  An  order  book,  a  correspondence  book  with  index,  a 
regimental  fund  book,  and  a  descriptive  book,  furnished  by  the 
Adjutant-General ;  all  orders,  circulars  and  instructions  from 

higher  authority,  returns,  muster  and'  pay  rolls  of  the  regimental 
non-commissioned  staff  and  band,  reports  of  drills  of  companies, 
other  regimental  returns  and  reports,  and  all  correspondence  con¬ 
cerning  the  regiment  or  affecting  its  personnel,  all  returns  of  the 
personnel  of  the  regiment,  and  the  general  and  special  orders  and 
circulars  of  the  Adjutant-General’s  department,  and  such  general 
orders  and  circulars  of  the  War  Department  as  affect  the  organ¬ 
ized  militia,  will  be  permanently  preserved. 

141.  The  non-commissioned  officers  of  bands  will  be  appointed  Bands, 
by  the  commander  of  the  organization  to  which  bands  are  attached. 

142.  Commanding  officers  will  require  bands  to  play  national  “star  Spangled 
and  patriotic  airs  on  appropriate,  occasions.  The  playing  of  “The  Banner-” 

Star  Spangled  Banner”  as  a  part  of  a  medley  is  prohibited.  [A. 

R.  255]. 


80 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Detailed  to  take 
command. 


N  on-commissioned 
officers. 


How  appointed. 


Reduction  to 
ranks. 


Lance  corporals. 


First  sergeant. 


ARTICLE  XVIII. 

TROOPS,  BATTERIES  AND  COMPANIES. 

143.  In  the  absence  of  all  the  officers  of  a  company  the  regi¬ 
mental  commander  may  assign  an  officer,  preferably  of  the  same 
regiment,  to  its  command.  If  there  be  no  officer  available  the 
fact  will  be  reported  to  the  Adjutant-General. 

144.  Captains  will  require  their  lieutenants  to  assist  in  the  per¬ 
formance  of  all  company  duties,  including  the  keeping  of  records 
and  the  preparation  of  the  necessary  reports  and  returns.  [A.  R. 
260]. 

145.  Non-commissioned  officers  will  be  carefully  selected  and 
instructed,  and  always  supported  by  company  commanders  in  the 
proper  performance  of  their  duties.  They  will  not  be  detailed 
for  any  duty  nor  permitted  to  engage  in  any  occupation  inconsist¬ 
ent  with  their  rank  and  position.  Officers  will  be  cautious  in  re¬ 
proving  them  in  the  presence  or  hearing  of  private  soldiers. 
[A.  R.  261]. 

146.  Company  non-commissioned  officers  are  appointed  or  re¬ 
duced  to  the  ranks  by  company  commanders,  subject  to  the  ap¬ 
proval  of  the  regimental  commander.  Upon  the  appointment  or 
reduction  to  the  ranks  of  any  non-commissioned  officer,  cook, 
artificer,  musician,  trumpeter,  wagoner  or  saddler,  company  com¬ 
manders  will  forward  to  the  regimental  commander  a  copy  of  the 
order  making  such  appointments  or  reductions,  and  will  note  same 
on  the  monthly  report. 

147.  A  non-commissioned  officer  may  be  reduced  to  the  ranks 
by  the  sentence  of  court-martial ;  if  reduced  to  the  ranks  by  sen¬ 
tence  of  court-martial  the  company  commander  will  forward  a 
transcript  of  the  order  to  the  Adjutant-General.  The  transfer  of 
a  non-commissioned  officer  from  one  organization  to  another  car¬ 
ries  with  it  reduction  to  the  ranks.  The  desertion  of  a  non-com¬ 
missioned  officer  vacates  his  position  from  the  date  of  his  unau¬ 
thorized  absence. 

148.  To  test  the  capacity  of  privates  for  the  duties  of  non¬ 
commissioned  officers  company  commanders  may  appoint  lance 
corporals,  who  will  be  obeyed  and  respected  as  corporals,  but  no 
company  shall  have  more  than  one  lance  corporal  at  a  time,  unless 
there  are  non-commissioned  officers  absent  by  authority,  during 
which  absence  there  may  be  one  for  each  absentee.  [A.  R.  263]. 

149.  The  captain  will  select  the  first  sergeant,  quartermaster 
sergeant,  and  stable  sergeant  from  the  sergeants  of  his  company, 
and  may  return  them  to  the  grade  of  sergeant  without  reference 
to  higher  authority.  [A.  R.  264]. 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


81 


1 50.  Each  non-commissioned  officer  will  be  furnished  with  a  Warrants, 
certificate  or  warrant  of  his  rank,  signed  by  the  division,  brigade, 
regimental  or  battalion  commanders,  as  the  case  may  be,  and  coun¬ 
tersigned  by  the  Adjutant-General  or  adjutant,  but  a  separate  war¬ 
rant  will  not  be  given  to  first  sergeant,  quartermaster  sergeant,  or 

stable  sergeant.  A  warrant  issued  to  a  non-commissioned  officer 
is  his  personal  property.  Warrants  need  not  be  renewed  in  case 
of  re-enlistment  in  the  same  company,  if  re-enlistment  is  made  the 
day  following  the  day  of  discharge,  but  will  remain  in  force  until 
vacated  by  promotion  or  reduction,  each  re-enlistment  and  continu¬ 
ance  to  be  noted  on  the  warrant  by  the  company  commander. 

151.  The  following  named  books  and  papers  will  be  kept  in  Books  and  papers, 
each  company :  An  order  book,  a  correspondence  book  with  index, 

a  company  treasurer’s  book,  a  sick  report  book,  a  morning  report 
book,  and  a  property  and  descriptive  book.  These  books  are  fur- 
ljished  by  the  Adjutant-General.  There  shall  be  kept  the  complete 
record,  description  and  accounts  of  all  men  belonging  or  who  have 
belonged  to  the  company.  There  will  also  be  kept  orders  and 
instructions  received  from  higher  authority,  returned  copies  of 
various  rolls,  reports,  and  returns,  required  by  regulations  and 
orders,  and  all  letters  and  correspondence  affecting  the  personnel 
of  the  company. 

152.  Company,  band  and  detachment  commanders  will  make  a  Interior  economy 

complete  inspection  of  their  organizations  every  month.  of  companies. 

1 53.  The  company  commander  will  cause  the  enlisted  men  of  Squaded. 
the  company  to  be  numbered  and  divided  into  squads,  each  under 

the  charge  of  a  non-commissioned  officer. 

154.  Company  commanders  will  see  that  all  public  property  in 
possession  of  enlisted  men  is  kept  in  good  order,  and  that  missing 
or  damaged  articles  are  duly  accounted  for. 

155.  Company  commanders  are  responsible  for  text-books  and 
other  official  publications  issued  to  their  company.  [A.  R.  282]. 

156.  Enlisted  men  will  not  take  their  arms  apart  except  by  Mutilating  arms 
permission  of  a  commissioned  officer  under  proper  supervision,  and  Prohibited- 
only  in  the  manner  prescribed  in  the  descriptive  pamphlet  of  the 

arms  issued  by  the  Ordnance  Department,  United  States  Army. 

The  polishing  of  blued  or  browned  parts  of  small  arms,  reblueing 
or  rebrowning,  putting  any  portion  of  an  arm  in  a  fire,  or  remov¬ 
ing  a  receiver  from  a  barrel,  is  prohibited.  The  mutilation  of  any 
part  by  filing  or  otherwise,  and  attempt  to  beautify  or  change  the 
finish,  are  prohibited.  Pieces  will  be  unloaded  before  taken  to 
quarters  or  tents,  and  as  soon  as  the  men  using  them  are  relieved 
from  duty,  unless  otherwise  ordered.  The  use  of  tompions  in 


0 


82 


REGULATIONS  FOR  TIIE  N.  C.  NATIONAL  GUARD. 


Polishing  equip¬ 
ment. 


Fitting  equipment. 


Marking  equip¬ 
ment. 


Messing  and  cook¬ 
ing. 


small  arms  is  forbidden.  The  prohibition  in  this  paragraph  of 
attempts  to  beautify  or  change  the  finish  of  arms  in  the  hands  of 
enlisted  men  is  not  construed  as  forbidding  the  application  of  raw 
linseed  oil  to  the  wood  parts  of  the  arms.  This  oil  is  considered 
necessary  for  the  preservation  of  the  wood,  and  it  may  be  used 
for  such  polishing  as  can  be  given  by  rubbing  in  one  or  more  coats 
when  necessary.  The  use  of  raw  linseed  oil  only  will  be  allowed 
for  redressing,  and  the  application  for  such  purpose  of  any  kind 
of  wax  or  varnish,  including  heelball,  is  strictly  prohibited. 

157.  It  is  forbidden  to  use  any  dressing  or  polishing  material 
on  the  leather  accouterments  or  equipments  of  the  soldier,  all 
horse  equipments  and  harness,  except  the  preparations  supplied 
or  authorized  by  the  Quartermaster-General. 

158.  Equipments  will  be  fitted  to  the  men  under  the  direction 
of  an  officer;  all  other  changes  are  prohibited.  [A.  R.  285]. 

159.  Articles  of  public  property  issued  to  a  company  for  its 
exclusive  use  will,  when  practicable,  be  marked  with  the  letter  or 
number  of  the  company  and  number  and  arm  of  the  regiment. 
Such  articles  issued  to  an  enlisted  man  (arms  and  clothing  ex¬ 
cepted)  will,  as  far  as  practicable,  be  marked  with  the  number  of 
the  man,  letter  or  number  of  the  company,  and  number  of  the  regi¬ 
ment.  Haversacks,  canteens,  and  similar  articles  of  equipment 
will  be  uniformly  marked  on  the  outside,  as  follows :  Cavalry, 
crossed  sabers  with  letter  of  company  above  and  number  of  regi¬ 
ment  below  the  intersection ;  infantry,  crossed  rifles  with  letter  of 
company  above  and  number  of  regiment  below  the  intersection; 
artillery,  crossed  cannons  with  the  number  of  the  company  or  bat¬ 
tery  at  the  intersection  of  the  cannons ;  the  special  corps  of  the 
Army,  according  to  their  respective  devices.  The  design  will  be 
stenciled  in  black,  the  letters  and  numbers  in  full-faced  charac¬ 
ters.  The  design  will  be  placed  above  the  letters  “U.  S.”  on  equip¬ 
ments,  and  the  soldier’s  number  in  characters  one  inch  high  below 
the  letters  “U.  S.”  Articles  will  not  be  marked  with  the  number 
of  the  men  in  the  Hospital  and  Signal  Corps.  [A.  R.  286]. 

160.  Kitchens  will  be  under  the  immediate  charge  of  a  commis¬ 
sioned  officer,  who  will  be  held  responsible  for  their  condition  and 
the  proper  use  of  rations,  and  he  will  inspect  and  supervise  the 
proper  issuing  of  each  meal.  No  one  will  be  allowed  to  visit  or 
remain  in  the  kitchen  except  those  who  go  there  on  duty.  The 
greatest  care  will  be  observed  in  cleaning  and  scouring  cooking 
utensils. 

161.  Special  regulations  for  subsistence  cannot  be  made  to  suit 
every  case  and  circumstance  when  troops  are  in  the  annual  en¬ 
campment  or  on  active  duty  in  aid  of  civil  authority.  Personal 


REGULATION S  FOR  THE  N.  C.  NATIONAL  GUARD. 


83 


care  and  judgment  on  the  part  of  company  officers  are  relied  on  to 
prevent  waste  or  misuse.  In  camp  or  other  active  service  the  Mess  furniture, 
mess  furniture  of  a  soldier  will  be  limited  to  one  tin  cup,  knife, 
fork,  spoon  and  meat  can,  or  such  other  article  as  the  ordnance 
department  may  provide. 


ARTICLE  XIX. 

COUNCILS  OF  ADMINISTRATION. 

1 62.  Regimental  and  company  councils  of  administration  are  Powers, 
assembled  to  audit  the  regimental  and  company  funds,  respect¬ 
ively;  to  ascertain  and  examine  the  sources  from  which,  and 
methods  by  which,  they  have  accrued ;  to  recommend  expenditures 
therefrom,  and  to  conduct  the  civil  affairs  of  their  commands. 

1 63.  The  regimental  council  of  administration  may  consist  of  How  organized, 
any  three  officers  of  the  field  and  staff  other  than  the  regimental 
commander,  to  be  appointed  by  the  regimental  commander.  The 

company  council  will  consist  of  all  officers  present  for  duty  with 
the  company.  The  council  of  administration  for  the  medical  de¬ 
partment  shall  consist  of  the  three  senior  medical  officers  on  duty 
at  the  stations  of  Hospital  Corps  organizations,  or  as  many  as  are 
available  if  less  than  three. 

1 64.  At  the  close  of  each  quarter,  and  oftener  when  necessary,  how  convened, 
the  company  council  of  administration  will  convene,  to  audit 

the  accounts  and  balance  the  treasurer’s  books.  The  records  of 
the  proceedings  of  the  council  shall  be  entered  in  the  treasurer's 
book,  immediately  following  the  balance;  the  balance  will  then  be 
carried  forward. 

The  following,  or  a  similar  form  of  order,  will  be  issued : 

“Armory  Company . .  Third  Infantry,  N.  C.  N.  G., 

Raleigh,  N.  C.,  . 190.. 

“Order  No . 

The  council  of  administration  of  Company  3d  Infantry, 

N.  C.  N.  G.,  will  convene  at  the  armory  on  the  30th  day  of  Sep 

tember,  190  . . ,  at . o’clock . M.,  for  the  purpose  of 

auditing  the  company  fund  accounts  and  to  transact  such  other 
business  as  may  properly  be  brought  before  it. 


Captain  Co . .  Third  Infantry,  N.  C.  N.  G.,  Commanding." 

The  record  of  the  proceedings  and  findings  will  be  in  the  follow¬ 
ing  or  similar  form : 


84 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Proceedings. 


Treasurer  elected. 


New  treasurer  will 
receipt. 


Approval  of. 


“Armoby  Company . .  Third  Infantry,  N.  C.  N.  G., 

Raleigh,  N.  C.,  . 190.. 


The  company  council  of  administration  met  pursuant  to  the  fol¬ 
lowing  order : 

(Quote  the  order  in  full). 

All  members  present  (of  such  officers  absent,  giving  reasons 
why). 

The  accounts  of  the  treasurer  were  examined  and  found  (here 
state  condition,  make  recommendations,  etc.). 

There  being  no  further  business,  the  council  adjourned. 


President. 

Recorder. 


. Member.” 

165.  The  junior  member  of  each  council  will  record  the  proceed¬ 
ings  in  the  treasurer’s  book,  to  include  a  written  certificate  of 
the  responsible  officer  that  the  funds  are  on  deposit  in  a  reputable 
banking  institution  named  in  the  certificate,  or  a  statement  signed 
by  an  officer  of  said  banking  institution  showing  the  balance  on 
hand,  will  be  exhibited  the  council,  which  proceedings  will  be 
signed  by  all  the  members  of  the  council.  Those  of  the  regimental 
council  will  be  submitted  to  the  regimental  commander,  who  will 
sign  his  approval  or  note  objection  on  the  council  on  the  treas¬ 
urer’s  book ;  should  he  disapprove  the  proceedings  and  the  council, 
after  reconsideration,  adhere  to  its  conclusion,  a  copy  of  the  pro¬ 
ceedings  will  be  sent  to  the  Adjutant-General,  whose  decision  upon 
all  questions  not  involving  pecuniary  responsibility  will  be  final, 
and  will  be  entered  in  the  treasurer’s  book.  In  proceedings  of 
company  councils  the  regimental  commander  will  decide  disagree¬ 
ments,  but  an  appeal  may  be  taken  to  the  Adjutant-General. 

166.  At  the  meeting  of  September  30th,  each  year,  each  com¬ 
pany  council  will  select  one  of  its  members,  and  each  regimental 
council  a  field  or  staff  officer  to  serve  as  treasurer  of  the  fund  for 
his  organization,  who  shall  give  bond  according  to  law  to  faith¬ 
fully  and  honestly  discharge  his  duties  according  to  law  and  regu¬ 
lations  and  the  resolves  of  the  council  of  administration.  A  com¬ 
pany  commander'  shall  not  be  treasurer  when  there  is  another 
officer  with  the  company. 

167.  Whenever  a  new  treasurer  has  qualified  he  will  receipt  for 
the  balance  on  hand,  and  a  duplicate  of  this  receipt  will  be  for¬ 
warded,  through  military  channels,  to  the  Adjutant-General. 

168.  The  commanding  officer  who  approves  the  appropriations 
of  a  council,  and  in  the  matter  of  the  company  fund  the  company 
commander,  will  be  held  responsible  for  all  expenditures  not  made 
in  accordance  with  regulation.  [A.  R.  316]. 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


85 


169.  The  council  will  designate  a  depository  for  the  safe-keep- Depository, 
ing  of  the  funds,  and  every  expenditure  will  be  made  pursuant  to  a 
previous  vote  of  the  council,  duly  recorded.  Payments  will  be 

made  on  vouchers  furnished  by  the  Adjutant-General. 

170.  The  fund  will  be  disbursed  exclusively  for  the  benefit  of  Officers  must  not 
the  organization  to  which  it  pertains,  and  will  not  be  used  for  the  use' 
purchase  of  officers’  uniforms  or  equipments. 

171.  Accounts  of  officers  for  expenses  incurred  by  them  in  the 
interest  of  their  organizations  must  set  forth  in  full  the  necessity 
of  such  expenses,  itemizing  the  latter. 

172.  All  debts  must  be  promptly  paid,  and  the  contracting  of 
debts  in  excess  of  available  funds  is  prohibited. 

173.  In  case  of  loss  of  regimental  or  company  funds,  the  cir-  Loss  of  company 
cumstances  will  be  carefully  investigated  and  reported  by  the funds- 
council,  with  recommendation  as  to  responsibility. 

174.  The  commanding  officer  will  cause  a  copy  of  the  proceed¬ 
ings  of  the  council  to  be  posted  in  the  armory  or  headquarters  for 
a  period  of  thirty  days. 

1 75.  Post  or  regimental  exchanges  may  be  conducted  at  any  Post  or  regimental 
camp,  which  shall  be  under  the  direction  of  the  commanding  offi-  exchan®es* 

cer  thereof.  Same  to  be  conducted  in  conformity  to  the  rules  and 
regulations  of  the  United  States  Army  governing  post  exchanges. 

176.  The  sale  of  spirituous,  vinous  or  malt  liquors  in  any  post  saie  of  intoxi- 
exchange  at  any  camp  of  the  North  Carolina  National  Guard  is  prohibited01^8 
prohibited. 


article  xx. 

ROSTER,  DETACHMENTS  AND  DAILY  SERVICE. 

177.  A  roster  is  a  list  of  officers  or  men  for  duty,  with  a  record  The  roster, 
of  the  duty  performed  by  each.  Generally  details  for  duty  are  so 

made  that  the  one  longest  off  is  the  first  for  detail.  Details  so 
made  are  said  to  be  made  by  roster.  [A.  R.  359]. 

178.  All  details  for  service  in  garrison  and  in  the  field,  except  Details, 
the  authorized  special  and  extra-duty  details,  will  be  by  roster ; 

but  officers  or  enlisted  men  when  detailed  must  serve  whether  a 
roster  be  kept  or  not.  [A.  R.  360]. 

1 79.  The  duties  performed  by  roster  are  of  two  classes.  The  Duties;  two 
first  comprises  (a)  outposts;  (6)  interior  guards,  including  stable  classes- 
guards;  (c)  detachments  to  protect  laborers  on  military  works; 

(d)  armed  working  parties  on  such  works.  Soldiers  march  armed 
and,  if  necessary,  fully  equipped  on  all  duties  of  this  class.  The 
second  class  comprises  all  other  duties  and  fatigue,  in  or  out  of 


86 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Separate  rosters. 


Outposts  and  inte¬ 
rior  guards. 


Details  by  roster. 


Officer  detailed  and 
not  present. 


Duties. 


No  duties  required 
until  four  hours 
after  being 
relieved. 


Signal  corps  ex¬ 
empt  from  duty, 
when. 


the  garrison  or  camp.  The  rosters  are  distinct  for  each  class. 
[A.  R.  361]. 

180.  Lieutenant-colonels  and  majors  are  on  one  roster,  and  may 
be  detailed  when  the  importance  of  the  duty  requires  it.  In  the 
field  their  roster  is  kept  at  division  and  brigade  headquarters. 
Captains  form  one  roster,  and  are  exempt  from  ordinary  fatigue 
duties.  Lieutenants  form  one  roster,  but  when  conditions  make  it 
advisable  captains  and  lieutenants  may  be  placed  on  one  roster, 
or  one  or  more  of  the  senior  lieutenants  may  be  placed  on  the 
captains’  roster.  Sergeants,  corporals,  musicians,  and  privates 
form  distinct  rosters.  [A.  R.  362]. 

181.  Unless  otherwise  ordered  by  the  commanding  officer,  offi¬ 
cers,  non-commissioned  officers,  and  privates  take  duties  of  the 
first  class  in  the  order  stated  in  paragraph  179,  viz.,  the  first  for 
detail  takes  the  outposts,  the  next  the  interior  guards,  and  so  on. 
In  those  of  the  second  class  the  senior  officer  takes  the  largest 
party.  The  party  first  for  detail  takes  the  service  out  of  camp. 
[A.  R.  363]. 

182.  In  making  details  by  roster,  an  officer  or  enlisted  man  is 
each  day  charged  with  the  number  of  days  that  he  has  remained 
present  and  available  since  the  beginning  of  his  last  tour.  De¬ 
partures  from  this  rule  may  be  authorized  by  the  commanding 
officer  whenever  a  strict  application  would  allow  improper  advan¬ 
tage  or  work  hardship.  [A.  R.  364]. 

183.  When  an  officer  has  been  detailed  and  is  not  present  or 
available  at  the  hour  of  marching,  the  next  after  him  takes  the 
duty.  When  an  outpost  has  passed  the  chain  of  sentinels,  or  an 
interior  guard  has  reached  its  post,  the  officer  whose  tour  it  was 
cannot  take  it  unless  so  ordered  by  the  commanding  officer. 
[A.  R.  365]. 

184.  Duties  of  the  first  class  are  credited  on  the  roster  when 
the  guards  or  detachments  have  passed  the  chain  of  sentinels  or 
an  interior  guard  has  reached  its  post ;  other  duties,  when  the 
parties  have  entered  upon  their  performance.  [A.  R.  366]. 

185.  An  officer  or  enlisted  man  on  duty  of  the  first  class,  or 
who  is  next  for  detail  for  such  duty,  is  available,  when  relieved, 
for  duty  of  the  second  class  that  has  fallen  to  him  during  that 
time.  Except  in  emergencies  no  duty  will  be  required  of  the  old 
officer  of  the  day  or  the  old  guard  until  four  hours  after  they  have 
been  relieved.  [A.  R.  367]. 

1 86.  Detachments  of  the  Signal  Corps  shall  be  exempt  from 
detail  for  any  other  duty,  except  when  in  the  judgment  of  the 
commanding  officer  the  importance  of  the  duty  will  not  permit 
exemption.  [A.  R.  369]. 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


87 


187.  As  far  as  the  exigencies  of  the  service  will  permit,  detach¬ 
ments  for  armed  service  will  be  formed  by  taking  battalions,  com¬ 
panies,  platoons,  or  other  subdivisions  in  turn,  according  to  the 
roster.  [A.  R.  370]. 

188.  Officers  or  enlisted  men  detailed  for  detached  service  while  Detachments, 
on  other  duty  will  be  relieved  from  that  duty,  if  practicable,  in 

time  to  march  with  the  detachment.  [A.  R.  371].  , 

1 89.  When  a  detachment  is  to  be  formed  from  the  different  Detachments,  how 
organizations  of  a  command  the  adjutant  or  Adjutant-General  orgamzed- 
forms  its  contingent,  verifies  the  details,  and  sends  it  to  the  place 

of  assembly,  or  turns  it  over  to  the  detachment  commander. 

[A.  R.  372]. 

190.  Wh6n  detachments  meet,  the  command  is  regulated  while  Senior  officers  can- 
they  serve  together  as  if  they  formed  one  command,  but  the  senior  not  prevent- 
officer  cannot  prevent  the  commander  of  any  detachment  from 

moving  when  he  thinks  proper  to  execute  the  orders  he  has  re¬ 
ceived.  [A.  R.  373]. 

191.  On  the  return  of  a  detachment  its  commander  reports  to 
the  headquarters  from  which  he  received  his  orders.  [A.  R.  374]. 

1 92.  There  will  be  daily  at  least  two  roll-calls,  viz. :  At  reveille  Daily  service, 
and  retreat.  Commanding  officers  may  also  order  roll-calls  in 

special  cases  at  such  times  as  they  deem  necessary.  The  roll  will 
be  called  on  the  company  parade  by  the  first  sergeant,  superin¬ 
tended  by  a  commissioned  officer.  Ordinarily  there  will  not  be 
any  formation  for  roll-call  at  tattoo,  but  the  prescribed  signal  will 
be  sounded,  and  fifteen  minutes  thereafter  lights  will  be  extin¬ 
guished  and  all  noise  and  loud  talking  will  cease.  Call  to  quarters 
will  be  sounded  at  the  designated  time,  and  fifteen  minutes  later 
taps.  At  taps  all  lights  not  authorized  by  the  commanding  officer 
will  be  extinguished  and  the  first  sergeant  or  other  non-commis¬ 
sioned  officer,  as  the  company  commander  may  direct,  will  inspect 
each  company  and  report  to  the  officer  of  the  day  the  names  of  all 
unauthorized  absentees.  Reveille  roll-call  will,  ordinarily,  not 
take  place  earlier  than  5 :30  A.  M. 

1 93.  Except  at  the  ceremony  of  parade,  the  result  of  a  roll-call  Roll-call,  how 
will  be  reported  after  the  companies  have  been  dismissed,  to  the  reported* 
officer  superintending  the  call,  who  will  report  the  result  to  the 
commanding  officer.  [A.  R.  377]. 

1 94.  In  camp  and  garrison  the  commanding  officer  fixes  the  Commanding  offi- 
hours  for  reports,  issues,  and  roll-calls,  and  for  the  performance  rIjOTtsSetcUrS  f°r 
of  stated  duties  and  fatigues.  In  garrison,  retreat  will  be  not 

later  than  sunset.  The  signals  will  be  sounded  by  the  field  musi¬ 
cians  in  accordance  with  authorized  drill  regulations.  [A.  R. 

378]. 


88 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Policing  quarters. 


Honors. 


Colors  or  stand¬ 
ards,  how  saluted. 


Must  stand  at 
attention. 


No  honors  paid  by 
troops  on  march. 


195.  After  breakfast,  and  after  stable  duty  in  the  mounted 
service,  the  tents  or  quarters  and  adjacent  grounds  will  be  policed 
by  the  men  of  the  companies  and  the  guard-house  or  guard-tent 
by  the  prisoners,  or  by  members  of  the  guard,  if  there  be  no 
prisoners.  [A.  R.  379 J. 


ARTICLE  XXL 

HONORS,  COURTESIES  AND  CEREMONIES. 

196.  The  officers  named  below  will  be  received  with  standards 
and  colors  dropping,  officers  and  troops  saluting,  and  the  bands 
and  field  music  playing,  as  follows :  The  President,  the  Presi¬ 
dent’s  March ;  the  General,  the  General’s  March ;  the  Lieutenant- 
General,  trumpets  sounding  three  flourishes  or  drums  beating 
three  ruffles ;  a  major-general,  two  flourishes  or  two  ruffles ;  a 
brigadier-general,  one  flourish  or  one  ruffle.  [A.  R.  380]. 

197.  To  the  Vice-President,  the  members  of  the  Cabinet,  the 
Chief  Justice,  the  President  of  the  Senate,  the  Speaker  of  the 
House  of  Representatives,  American  or  foreign  ambassadors,  and 
Governors  within  their  respective  States  and  Territories  the  same 
honors  are  paid  as  to  the  General ;  to  the  Assistant  Secretary  of 
War  and  to  American  or  foreign  envoys  or  ministers,  the  same 
honors  as  to  the  Lieutenant-General;  to  officers  of  the  Navy  the 
honors  due  to  their  relative  rank ;  to  officers  of  marines  and  volun¬ 
teers,  and  militia  when  in  the  service  of  the  United  States  the 
honors  due  to  like  grades  in  the  regular  service ;  to  officers  of  a 
foreign  service  the  honors  due  to  their  rank.  [A.  R.  381]. 

198.  The  national  ©r  regimental  color  or  standard,  uncased, 
passing  a  guard  or  other  armed  body  will  be  saluted,  the  field 
music  sounding  “to  the  color,”  or  “to  the  standard.”  Officers  or 
enlisted  men  passing  the  uncased  color  will  render  the  prescribed 
salute ;  with  no  arms  in  hand,  the  salute  will  be  made  by  uncover¬ 
ing.  [A.  R.  382]. 

199.  Whenever  “The  Star  Spangled  Banner”  is  played  by  the 
band  on  a  formal  occasion  at  a  military  station,  or  at  any  place 
where  persons  belonging  to  the  military  service  are  present  in 
their  official  capacity,  all  officers  and  enlisted  men  present  will 
stand  at  attention.  The  same  respect  will  be  observed  toward  the 
national  air  of  any  other  country  when  it  is  played  as  a  compli¬ 
ment  to  official  representatives  of  such  country.  [A.  R.  383]. 

200.  No  honors  are  paid  by  troops  when  on  the  march  or  in 
trenches,  except  that  they  may  be  called  to  attention,  and  no  salute 


EEGULATIONS  FOE,  THE  N.  C.  NATIONAL  GUARD. 


89 


is  rendered  when  marching  in  double  time  or  at  the  trot  or  gallop. 

[A.  R.  384]. 

201.  The  commanding  officer  is  saluted  by  all  commissioned  offi-  Commanding  offi¬ 
cers  in  command  of  troops  or  detachments.  Troops  under  arms  cer  to  be  saluted- 
will  salute  as  prescribed  in  drill  regulations.  [A.  R.  385]. 

202.  All  officers  salute  on  meeting  and  in  making  or  receiving  officers  salute  on 
official  reports.  Military  courtesy  requires  the  junior  to  salute  meetin£- 

first,  but  when  the  salute  is  introductory  to  a  report  made  at  a 
military  ceremony  or  formation  to  the  representative  of  a  common 
superior — as  for  example,  to  the  adjutant,  officer  of  the  day,  etc. — 
the  officer  making  the  report,  whatever  his  rank,  will  salute  first ; 
the  officer  to  whom  the  report  is  made  will  acknowledge  by  salut¬ 
ing,  that  he  has  received  and  understood  the  report.  When  under 
arms  the  salute  is  made  with  the  sword  or  saber,  if  drawn ;  other¬ 
wise  with  the  hand.  A  mounted  officer  dismounts  before  address¬ 
ing  a  superior  not  mounted.  [A.  R.  386]. 

203.  On  official  occasions  officers,  when  indoors  and  under  arms,  when  indoors, 
do  not  uncover,  but  salute  with  the  sword  if  drawn ;  otherwise 

with  the  hand.  If  not  under  arms,  they  uncover  and  stand  at 
attention,  but  do  not  salute  except  when  making  or  receiving  re¬ 
ports.  [A.  R.  387]. 

204.  When  an  enlisted  man,  without  arms,  passes  an  officer  he  Enlisted  men  with- 
salutes  with  the  hand  farthest  from  the  officer.  If  mounted  he  out  arms' 
salutes  with  the  right  hand.  Officers  are  saluted  whether  in  uni¬ 
form  or  not.  [A.  R.  388]: 

205.  An  enlisted  man,  armed  with  the  saber  and  out  of  ranks,  Enlisted  men 
salutes  all  officers  with  the  saber  if  drawn ;  otherwise  he  salutes 

with  the  hand.  If  on  foot  and  armed  with  a  rifle  or  carbine,  he 
mak'es  the  rifle  or  carbine  salute.  A  mounted  soldier  dismounts 
before  addressing  an  officer  not  mounted.  [A.  R.  389]. 

206.  A  non-commissioned  officer  or  private  in  command  of  a 
detachment  without  arms  salutes  all  officers  wTith  the  hand,  but  if 
the  detachment  be  on  foot  and  armed  with  the  rifle  or  carbine,  he 
makes  the  rifle  or  carbine  salute,  and  if  armed  with  a  saber  he 
salutes  with  it.  [A.  R.  390]. 

207.  An  enlisted  man,  if  seated,  rises  on  the  approach  of  an  Soldiers  at  work  do 
officer,  faces  toward  him  and  salutes.  If  standing,  he  faces  the  not  salute* 
officer  for  the  same  purpose.  If  the  parties  remain  in  the  same 

place  or  on  the  same  ground,  such  compliments  need  not  be  re¬ 
peated.  Soldiers  actually  at  work  do  not  cease  work  to  salute 
an  officer  unless  addressed  by  him.  [A.  R.  391]. 

208.  An  enlisted  man  makes  the  prescribed  salute  with  the 
weapon  he  is  armed  with,  or  if  unarmed,  whether  covered  or  un¬ 
covered,  with  the  hand,  before  addressing  an  officer.  He  also 
makes  the  same  salute  after  receiving  a  reply.  [A.  R.  392]. 


90 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Salutes  with  can¬ 
non. 


209.  Indoors,  an  unarmed  enlisted  man  uncovers  and  stands  at 
attention  upon  the  approach  of  an  officer ;  he  does  not  salute  unless 
he  addresses  or  is  addressed  by  the  officer.  If  armed  he  salutes 
as  heretofore  prescribed,  without  uncovering.  [A.  R.  393]. 

210.  When  an  officer  enters  a  room  where  there  are  soldiers, 
the  word  “Attention”  is  given  by  some  one  who  perceives  him, 
when  all  rise  and  remain  standing  in  the  position  of  a  soldier 
until  the  officer  leaves  the  room.  Soldiers  at  meals  do  not  rise. 
[A.  R.  -394]. 

211.  Soldiers  at  all  times  and  in  all  situations  pay  the  same 
compliments  to  officers  of  the  Army,  Navy,  Marine  Corps,  and 
volunteers  and  to  officers  of  the  organized  militia  in  uniform  as 
to  officers  of  their  own  regiment,  corps,  or  arm  of  service.  [A.  R. 
395]. 

212.  Officers  will  at  all  times  acknowledge  the  courtesies  of 
enlisted  men  by  returning  salutes  given,  in  the  manner  prescribed 
in  drill  regulations.  When  several  officers  in  company  are  saluted, 
all  who  are  entitled  to  the  salute  return  it.  [A.  R.  396]. 

213.  Salutes  with  cannon  will  be  fired  under  charge  of  commis¬ 
sioned  officers,  who  shall  be  present  at  the  firing  and  direct  it. 
Guns  using  metallic-case  ammunition  will  be  used  whenever  practi¬ 
cable  ;  in  their  absence  other  breech-loading  guns  should  be  prefer¬ 
ably  used.  Muzzle-loaders  will  not  be  used.  For  breech-loaders 
using  cartridge  bags,  the  bags  will  be  made  of  silk,  measuring  in 
length  at  least  one  and  one-half  times  their  diameter,  and  care 
will  be  taken  that  the  sponges  are  not  worn,  and  that  they  thor¬ 
oughly  fill  the  chamber  or  bore  of  the  gun,  and  when  the  same 
gun  is  fired  more  than  once,  that  the  intervals  between  the  dis¬ 
charges  are  sufficient  to  allow  the  chamber  or  bore  to  be  thor¬ 
oughly  sponged  and  chamber  examined.  Unless  all  of  these  condi¬ 
tions  be  fulfilled  salutes  will  not  be  fired  with  this  class  of  guns. 

214.  Salvos  are  simultaneous  discharges  from  several  cannon; 
they  correspond  to  volleys  of  musketry  and  are  fired  by  way  of 
salute  only  over  the  graves  of  officers  at  the  time  of  burial.  The 
order  designating  a  funeral  escort  prescribes  whether  the  fire  shall 
be  three  volleys  of  musketry  or  three  salvos  of  artillery.  [A.  R. 
400]. 

215.  Salutes  will  be  fired  between  sunrise  and  sunset  only,  and* 
as  a  rule,  not  on  Sunday  unless  required  by  international  courtesy. 
The  national  flag  will  always  be  displayed  at  the  time  of  firing  a 
salute.  [A.  R.  401]. 

216.  The  national  salute  is  twenty-one  guns.  It  is  also  tho 
salute  to  a  national  flag. 


National  salutes. 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


91 


When  in  camp  the  salute  to  the  Union,  commemorative  of  the 
Declaration  of  Independence  and  consisting  of  one  gun  for  each 
State,  is  fired  at  noon  on  July  4,  at  every  post  provided  with  suit¬ 
able  artillery.  [A.  R.  402]. 

217.  The  President,  both  on  his  arrival  at  and  departure  from  a  Personal  salutes, 
military  post,  or  when  in  its  vicinity,  receives  a  salute  of  twenty- 
one  guns.  No  other  personal  salute  is  fired  in  his  presence. 

The  sovereign  or  chief  magistrate  of  a  foreign  country  receives 
the  salutp  prescribed  for  the  President ;  members  of  a  royal  family 
receive  the  salute  due  their  sovereign. 

An  ex-President  of  the  United  States  receives  a  salute  of  twenty- 
one  guns. 

The  Vice-President  receives  a  salute  of  nineteen  guns. 

When  officials  other  than  those  named  visit  military  posts,  they 
receive  salutes  as  follows : 

Guns. 

President  of  the  Senate,  and  American  or  foreign  ambassadors,  19 
Members  of  the  Cabinet,  the  Chief  Justice*  the  Speaker  of  the 
House  of  Representatives,  a  committee  of  Congress  officially 
visiting  a  military  post,  Governors  within  their  respective 
States  or  Territories,  or  a  governor-general,  and  the  civil 

governor  of  the  Philippine  Islands .  17 

The  Assistant  Secretary  of  War  or  the  Assistant  Secretary  of 
the  Navy,  when  officially  visiting  a  military  post;  the  vice- 
governor  of  the  Philippine  Islands,  and  American  or  foreign 


envoys  or  ministers . .  15 

Ministers  resident  accredited  to  the  United  States .  13 

Charges  d’affaires  .  11 

Consuls  general  accredited  to  the  United  States .  9 

The  General  . .  17 

The  Lieutenant-General  .  15 

Major-General  .  13 

Brigadier-General  .  11 


The  term  “governor-general”  shall  be  taken  to  mean  an  admin¬ 
istrative  officer  under  whom  officers  with  the  title  of  governor  are 
acting.  [A.  R.  404]. 

218.  As  a  rule,  a  personal  salute  is  to  be  fired  when  the  per- Salutes,  when 
sonage  entitled  to  it  enters  a  post.  fired‘ 

When  several  persons,  each  of  whom  is  entitled  to  a  salute, 
arrive  together  at  a  post,  the  highest  in  rank  or  position  is  alone 
saluted.  If  they  arrive  successively,  each  is  saluted  in  turn. 

An  officer  assigned  to  duty  according  to  his  brevet  rank  is  enti¬ 
tled  to  the  salute  prescribed  for  the  grade  to  which  he  is  assigned. 


92 


REGULATIONS  FOR  THE  N.  C.  NATIONAL .  GUARD. 


Troops  to  be 
paraded. 


Visits. 


Escorts  of  honor. 


A  retired  general  officer  making  an  official  visit  is  saluted 
according  to  his  rank. 

An  officer,  whether  civil,  military,  or  naval,  holding  two  or  more 
positions,  either  of  which  entitles  him  to  a  salute,  receives  only 
the  salute  due  to  the  highest  grade.  In  no  event  is  the  same  per¬ 
son  to  be  saluted  in  more  than  one  capacity. 

Personal  salutes  at  the  same  place  and  in  compliment  to  the 
same  person,  whether  civil,  diplomatic,  military,  or  naval,  are 
never  to  be  fired  oftener  than  once  a  year,  unless  such  person 
shall  have  been  in  the  meantime  advanced  in  rank.  [A.  R.  405]. 

219.  Officers  of  the  Navy  are  saluted  according  to  their  relative 
rank ;  officers  of  marines  and  of  the  volunteer  forces  or  militia 
in  the  service  of  the  United  States,  and  officers  of  foreign  services, 
are  saluted  according  to  rank.  [A.  R.  406]. 

220.  When  a  civil  functionary  entitled  to  a  salute  arrives  at  a 
military  post,  the  commanding  officer  meets  or  calls  upon  him 
as  soon  as  practicable,  and  will  tender  him  a  review  if  the  garri¬ 
son  consists  of  not  less  than  four  companies.  When  a  general  offi¬ 
cer  visits  a  post  within  his  command  the  troops  will  be  paraded 
for  review,  unless  he  directs  otherwise.  When  a  salute  is  to  be 
given  an  officer  junior  to  another  present  at  a  post,  the  senior  will 
be  notified  to  that  effect  by  the  commanding  officer.  [A.  R.  407]. 

221.  In  addition  to  the  foregoing,  occasions  of  a  public  nature 
frequently  arise  when  salutes  are  both  desirable  and  proper.  Or¬ 
ders  will  be  given  in  such  cases.  [A.  R.  408]. 

222.  The  flag  of  a  military  post  will  not  be  dipped  by  way  of 
salute  or  compliment.  [A.  R.  409]. 

223.  ..Officers  arriving  at  the  headquarters  of  a  military  com¬ 
mand,  or  at  a  military  post,  will  call  upon  the  commander  thereof 
as  soon  as  practicable  and  register  their  names.  If  the  visiting 
officer  be  senior  to  the  commander,  the  former  may  send  a  card, 
in  which  case  it  becomes  the  duty  of  the  commander  to  make  the 
first  call.  [A.  R.  410]. 

224.  Escorts  of  honor  may  be  composed  of  any  or  of  all  arms, 
according  to  the  circumstances.  They  are  detailed  for  the  purpose 
of  receiving  and  escorting  personages  of  high  rank,  civil  and  mili¬ 
tary,  when  they  arrive  and  depart.  The  troops  for  this  purpose 
will  be  selected  for  their  soldierly  appearance  and  superior  disci¬ 
pline,  and  are  formed  and  maneuvered  as  prescribed  in  the  author¬ 
ized  drill  regulations.  The  post  commander  in  each  case  will 
detail  an  officer  to  attend  the  personage  escorted,  and  to  bear  com¬ 
munications  from  him  to  the  commander  of  the  escort.  [A.  R. 
419]. 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


93 


225.  On  the  receipt  at  the  State  capital  of  official  notice  of  the  Gun  to  be  fired 

every  half  hour. 

death  of  the  President  of  the  United  States,  the  commanding  offi¬ 
cer  of  the  post  will,  on  the  following  day,  cause  a  gun  to  be  fired 
every  half  hour,  beginning  at  sunrise  and  ending  at  sunset.  [A.  ft. 

420]. 

226.  When  the  funeral  of  an  officer,  who  was  entitled  to  a  Funeral  salutes, 
salute,  takes  place  at  or  near  a  military  post,  minute  guns  will  be 

fired  while  the  remains  are  being  borne  to  the  place  of  interment, 
but  the  number  of  guns  will  not  exceed  that  to  which  the  officer 
was  entitled  as  a  salute.  After  the  remains  are  deposited  in  the 
grave  a  salute  corresponding  to  the  rank  of  the  deceased  will  be 
fired,  in  addition  to  three  salvos  of  artillery  or  three  volleys  of 
musketry.  [A.  R.  422]. 

227.  On  the  death  of  an  officer  at  a  military  post  the  flag  is  Flag  at  half-staff . 
displayed  at  half-staff  and  so  remains,  between  reveille  and  re¬ 
treat,  until  the  last  salvo  or  volley  is  fired  over  the  grave;  or  if 

the  remains  are  not  interred  at  the  post,  until  they  are  removed 
therefrom.  [A.  R.  425]. 

228.  During  the  funeral  of  an  enlisted  man  at  a  military  post 
the  flag  is  displayed  at  half-staff.  It  is  hoisted  to  the  top  after 
the  final  volley  or  gun  is  fired,  or  after  the  remains  are  taken 
from  the  post.  The  same  honors  are  paid  on  the  occasion  of  the 
funeral  of  a  retired  enlisted  man.  [A.  R.  426]. 

229.  All  military  posts  in  sight  of  each  other  display  their  flags 
at  half-staff  upon  the  occasion  of  one  doing  so.  The  same  rule  is 
observed  toward  all  vessels  of  war.  [A.  R.  427]. 

230.  When  the  flag  is  displayed  at  half-staff  it  is  lowered  to  Flag  at  half-staff, 
that  position  from  the  top  of  the  staff.  It  is  afterwards  hoisted  how  lowered- 

to  the  top  before  it  is  finally  lowered.  [A.  R.  428]. 

231.  The  funeral  escort  of  an  officer  will  be  commanded  by  an  Funeral  escorts, 
officer  of  the  same  grade ;  if  none  such  be  present,  by  one  of  the 

next  lower  grade  available.  The  ceremony  is  prescribed  ire  the 
drill  regulations.  [A.  R.  430]. 

232.  The  funeral  escort  of  a  non-commissioned  staff  officer  will  Funeral  of  non- 
consist  of  sixteen  men,  commanded  by  a  sergeant ;  of  a  sergeant,  officer!  &1<me 

of  fourteen  men,  commanded  by  a  sergeant ;  of  a  corporal,  of 
twelve  men,  commanded  by  a  corporal ;  of  a  private,  of  eight  men, 
commanded  by  a  corporal.  [A.  R.  431]. 

233.  The  funeral  escorts  of  officers  of  field  artillery  will  be  as 
follows:  Colonel,  twelve  pieces,-  lieutenant-colonel  and  major, 
eight  pieces ;  captains,  four  pieces ;  lieutenant,  two  pieces.  The 
escort  of  an  enlisted  man  will  consist  of  one  piece.  Caissons  need 

•not  accompany  the  pieces.  [A.  R.  432]. 

234.  Six  pall-bearers  will  be  selected,  as  far  as  practicable  from  Pall-bearers, 
the  grade  of  the  deceased.  [A.  R.  433]. 


94 


REGULATIONS  FOR.  THE  N.  C.  NATIONAL  GUARD. 


Uniform  and  side 
arms  worn. 


Badge  of 
mourning. 


Colors  not  draped 
in  mourning 
except. 


Ceremonies. 


Daily  parade. 


Flag,  when  hoisted 
or  lowered. 


Memorial  day. 


235.  Officers  and  enlisted  men  attending  military  funerals  wear 
uniform  and  side  arms  and  in  the  funeral  procession  follow  the 
mourners  in  order  of  rank,  seniors  in  front.  The  funeral  of  an 
officer  is  attended  by  such  officers  of  the  post  or  organization  in 
the  field  as  other  duties  will  permit.  The  funeral  of  a  non-com¬ 
missioned  officer  is  attended  by  the  non-commissioned  officers  and 
privates  of  the  regiment,  or  such  part  of  it  as  may  be  present  and 
can  be  spared  from  other  duties ;  that  of  a  private  by  the  non¬ 
commissioned  officers  and  privates  of  his  company.  [A.  R.  434]. 

236.  The  badge  of  military  mourning  is  a  knot  of  black  crepe 
worn  upon  the  sword  hilt  for  a  period  not  to  exceed  thirty  days. 
[A.  R.  435]. 

237.  As  family  mourning,  officers  may  wear  a  straight  band  of 
crepe  five  inches  wide  around  the  left  arm  above  the  elbow. 
[A.  R.  436]. 

238.  The  drums  of  a  funeral  escort  will  be  covered  with  black 
crepe  or  thin  black  serge,  furnished  by  the  quartermaster.  [A.  R. 
437]. 

239.  The  colors  of  a  regiment  will  not  be  placed  in  mourning  or 
draped,  except  when  ordered  by  the  Adjutant-General.  Two  stream¬ 
ers  of  crepe  seven  feet  long  and  about  twelve  inches  wide  attached 
to  the  ferrule  below  the  spearhead  will  be  used  for  the  purpose. 
[A.  R.  438]. 

240.  All  ceremonies  will  be  conducted  as  prescribed  in  the  au¬ 
thorized  drill  regulations.  [A.  R.  439]. 

241.  There  will  in  camp  be  daily  one  parade,  morning  or  even¬ 
ing,  as  the  commanding  officer  may  direct,  which  will  not  be  dis¬ 
pensed  with  except  on  urgent  occasions.  All  officers  and  men  will 
be  present  unless  specially  excused  or  on  duty  incompatible  with 
such  attendance. 

242.  At  every  military  post  or  station  the  flag  will  be  hoisted 
at  the  sounding  of  the  first  note  of  the  reveille,  or  of  the  first  note 
of  the  march,  if  a  march  be  played  before  the  reveille.  The  flag 
will  be  lowered  at  the  sounding  of  the  last  note  of  the  retreat,  and 
while  the  flag  is  being  lowered  the  band  will  play  “The  Star 
Spangled  Banner.” 

243.  On  Memorial  Day,  May  10,  at  all  stations,  the  national  flag 
will  be  displayed  at  half-staff  from  sunrise  till  midday,  it  will 
then  be  hoisted  to  the  top  of  the  staff  and  will  remain  there  until 
sunset.  It  is  urged  on  all  organizations  as  far  as  possible  to  par¬ 
ticipate  in  Memorial  Day  exercises,  and  in  this  way  express  fitting 
testimonial  of  respect  for  the  heroic  dead  and  honor  to  their 
patriotic  devotion. 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


95 


244.  Troops  while  in  camp  will  be  mustered  for  pay  on  next  to  Troops  mustered, 
the  last  day  of  the  encampment,  unless  otherwise  ordered  by  the 
commanding  officer.  Officers  will  be  designated  by  the  command¬ 
ing  officer  to  assist  in  the  muster  of  troops. 

245.  Each  muster  will,  when  practicable,  be  preceded  by  a 
minute  inspection.  If  the  command  consist  of  more  than  one  com¬ 
pany  the  inspection  may  be  preceded  by  a  review.  If  the  day  for 
muster  falls  on  Sunday,  such  review  and  inspection  will  be 
omitted. 

246.  In  camp  or  on  other  continuous  service,  troops  will  be  mus-  Muster  and 

tered  for  pay  as  may  be  ordered  by  the  commanding  officer.  pay  rolls- 


ARTICLE  XX!!. 

GUARDS. 

247.  The  authorized  Manual  of  Guard  Duty  of  the  Regular  Army 
is  the  guide  in  all  matters  relating  to  duties  of  guards  not  con¬ 
tained  in  these  regulations. 


ARTICLE  XXIII. 

INSPECTOR-GENERAL’S  DEPARTMENT. 

248.  The  sphere  of  inquiry  of  the  Inspector-General  includes  Duties, 
every  branch  of  military  affairs  except  when  specially  limited  in 
these  regulations  or  in  orders.  Inspectors-general  and  acting 
inspectors-general  will  exercise  a  comprehensive  and  general  ob¬ 
servation  within  the  command  to  which  they  may  be  respectively 
assigned  over  all  that  pertains  to  the  efficiency  of  the  Guard,  the 
condition  and  state  of  supplies  of  all  kinds,  of  arms  and  equip¬ 
ments,  of  expenditures  of  public  property  and  moneys,  and  the 
condition  of  accounts  of  all  officers  charged  with  public  funds  or 
property,  of  the  conduct,  discipline,  and  efficiency  of  officers  and 
troops,  and  report  with  strict  impartiality  in  regard  to  all  irregu¬ 
larities  that  may  be  discovered.  They  will  make  such  suggestions 

as  may  appear  to  them  practicable  for  the  correction  of  any  defect 
that  may  come  under  their  observation. 

249.  Inspectors-general  or  acting  inspectors-general  assigned  to 
a  military  command  are  under  the  immediate  direction  of  its  com¬ 
manding  general ;  when  not  so  assigned  they  are  under  the  orders 
of  the  commander-in-chief.  They  will  make  the  general  and  such 


96 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Specific  orders. 


Cannot  give  order 
unless  authorized. 


Must  exercise  care 
that  no  injustice 
be  done. 


Can  administer 
oaths. 


Special  inspec¬ 
tions. 


Inspections  once 
per  year. 


Reports  to  be 
forwarded  to 
adjutant-general. 


special  inspections  as  the  commanding  general  may  direct  within 
•the  limits  of  his  command. 

250.  The  commander-in-chief  may  from  time  to  time  detail  act¬ 
ing  inspectors-general  to  make  such  inspections  as  he  may  spe¬ 
cifically  designate  in  orders. 

251.  Inspectors-general  or  acting  inspectors-general  will  make 
known  their  orders  or  instructions  to  the  commanding  officers 
whose  troops  and  affairs  they  are  directed  to  inspect,  and  these 
officers  will  see  that  every  facility  and  assistance,  including  clerical 
aid,  if  requested,  is  afforded. 

252.  An  inspector-general  or  acting  inspector-general  will  not 
give  orders  unless  specially  authorized  to  do  so,  and  then  only  in 
the  name  of' the  superior  giving  such  authority.  He  will  report 
with  strict  impartiality  all  irregularities.  He  should  refrain  from 
informal  conversation  or  comment  upon  the  subjects  under  investi¬ 
gation.  [P.  A.  R.  892,  A.  R.]. 

253.  An  inspector-general  or  acting  inspector-general  will  exer¬ 
cise  the  greatest  care  that  he  does  no  injustice  to  organizations 
or  individuals.  When  investigating  accusations  prejudicial  to  the 
character  of  an  officer,  he  will  make  known  to  the  officer  their 
nature,  and  give  him  an  opportunity  to  make  his  own  statement 
in  writing,  which  will  be  appended  to  the  report.  Copies  or  ex¬ 
tracts  from  an  inspection  report  reflecting  upon  or  commending 
the  character  or  efficiency  of  an  officer  may  be  furnished  him  by 
the  commander  to  whom  the  report  is  submitted.  [P.  A.  R.  893, 
A.  R.]. 

254.  An  inspector-general  or  acting  inspector-general  detailed  to 
investigate  alleged  attempts  to  defraud  the  State,  or  any  irregu¬ 
larity  or  misconduct  of  any  officer  or  agent  of  the  State,  has 
authority  to  administer  oaths  to  witnesses. 

255.  Special  inspections  and  investigations  within  the  limits  of 
a  command  (territorial  or  tactical)  may  be  made  under  the  orders 
thereof ;  but  in  all  cases  involving  expense  to  the  State,  the 
selection  of  officers  to  perform  such  shall  be  made  by  the  com¬ 
mander-in-chief,  and  restricted  as  far  as  possible  to  officers  on 
duty  at  general  headquarters. 

256.  All  military  organizations  shall  be  inspected  at  least  once 
in  each  fiscal  year  by  inspectors-general  or  acting  inspectors-gen¬ 
eral  designated  by  the  commander-in-chief;  such  inspections  to 
include  armories. 

257.  Reports  of  prescribed  inspections  of  troops,  stations  and 
accounts  of  officers  will  be  forwarded  to  the  Adjutant-General.  In 
case  irregularities,  deficiencies,  or  misconduct  are  reported,  the 
division,  brigade,  or  regimental  commander,  as  the  case  may  be, 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


97 


will  be  furnished  with  a  copy  of  such  report  by  the  Adjutant- 
General,  with  instructions  to  correct  such  irregularity,  deficiency 
or  misconduct. 

258.  Inspections  of  troops  will  be  conducted  as  prescribed  in 
the  authorized  drill  regulations.  When  the  command  consists  of 
more  than  one  company  the  inspection  will,  if  practicable,  be  pre- 
ceded  by  a  review.  [A.  R.  904]. 

259.  The  written  reports  of  inspectors-general  and  acting  inspec- 
tors-general  will  set  forth  a  correct  return  of  the  troops,  the  num¬ 
ber  present  at  and  absent  from  the  station,  and  the  absentees  from 
inspection,  and  whether  irregularities,  etc.,  reported  at  last  inspec¬ 
tion,  have  been  remedied ;  after  which  will  follow  a  statement  of 
the  results  of  the  inspection,  dealing  only  with  defects,  deficiencies, 
irregularities,  recommendations,  and  commendations,  whereof  the 
various  items  will  be  paragraphed  and  stated  separately.  Brief 
statement  will  be  made  of  various  drills,  and  exercises  held  for 
the  inspector,  and  the  report  concluded  with  an  exposition  of  the 
conclusions  arrived  at  as  to  the  military  efficiency,  discipline,  and 
instruction  of  the  command. 

260.  Inspections  in  armories  will  embrace  the  following  sub¬ 
jects  : 

1.  Officers  present,  those  absent  from  any  cause,  or  permanently 
incapacitated ;  whether  the  number  of  enlisted  men  in  ranks  at 
inspection  corresponds  to  returns,  how  absentees  are  accounted  for, 
and  how  many  appear  under  arms  at  inspection;  the  number  of 
men  in  the  band,  and  if  any  are  not  musicians. 

2.  Whether  the  commanding  officer  observes  the  system  of 
instruction  and  treatment  of  subordinates  enjoined  by  the  regula¬ 
tions;  whether  justice  is  promptly  and  legally  administered;  the 
zeal  of  the  commanding  officer  and  his  ability  to  perform  his 
duties. 

3.  Whether  officers  are  efficient,  reporting  any  intemperance  or 
immorality,  and  mentioning  any  officer  or  soldier  who  has  distin¬ 
guished  himself,  or  shown  special  efficiency  in  any  department  of 
study  or  duty. 

4.  The  efficiency  of  administration  of  staff  officers,  the  correct¬ 
ness  of  their  accounts ;  whether  payments  are  made  in  accordance 
with  law  and  regulations,  and  whether  surplus  supplies  are  taken 
up  on  returns  and  all  deficiencies  accounted  for. 

5.  Efficiency,  discipline,  and  appearance  of  the  troops ;  state  of 
arms,  equipments,  and  accouterments  of  all  kinds;  sufficiency, 
uniformity,  and  fit  of  clothing;  whether  schools  for  officers  and 
non-commissioned  officers  are  held  as  prescribed  and  properly  con¬ 
ducted  ;  nature  and  amount  of  drills,  recitations  in  tactics  and 


Methods  of 
inspection. 


Written  reports. 


Inspection  in 
armories. 


98 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Irregularities 
to  be  reported. 


Semiannual 

inspections. 


Disbursements. 


drill  regulations,  target  practice,  practice  marches,  practice  in  out¬ 
post  duty,  field  service,  minor  tactics,  and  gymnastic  exercises; 
efficiency  in  signaling;  the  number  of  desertions. 

6.  Whether  there  is  a  suitable  room  for  use  as  a  library  or 
reading-room ;  whether  newspapers  and  periodicals  are  provided 
for  the  enlisted  men. 

7.  Condition  of  all  public  property,  and  whether  used'for  private 
purposes;  whether  buildings  and  property  are  properly  secured 
against  fire,  theft,  and  damage. 

8.  Whether  regimental  and  company  books,  papers  and  files  are 
properly  kept,  and  the  prescribed  rolls  and  returns  are  properly 
prepared  and  promptly  forwarded. 

9.  Efficiency  of  hospital  corps  in  ambulance  and  litter-bearers’ 
drill,  and  methods  of  rendering  first  aid  to  the  wounded. 

261.  Inspectors-general  and  acting  inspectors-general  while  in¬ 
specting  a  command  of  troops  will  call  upon  the  regimental,  bat¬ 
talion  and  company  commanders  and  surgeons  for  a  report  by 
name  of  any  officer  or  enlisted  man  under  their  immediate  com¬ 
mand  who  is  incapacitated  for  service  either  mentally,  morally,  or 
physically.  When  any  officer  or  enlisted  man  is  so  reported  the 
inspector  will  thoroughly  investigate  and  submit  his  conclusions 
therein  to  the  Adjutant-General. 

262.  On  completion  of  an  inspection  of  troops  the  inspector- 
general  or  acting  inspector-general  will  furnish  to  the  Adjutant- 
General  a  written  statement  of  all  irregularities  and  deficiencies 
observed,  which  will  be  kept  on  file  for  the  information  of  com¬ 
manding  officers.  The  Adjutant-General  will  furnish  copies  of  such 
report  calling  attention  to  the  irregularities  or  defects  found,  to 
the  commanding  officers  of  troops  so  inspected,  recommending  that 
proper  remedies  be  applied  to  correct  each  of  the  irregularities  or 
defects  found. 

263.  Regimental  commanders  will  cause  one  inspection  of  the 
troops  under  their  command  to  be  made  in  their  armories,  semi¬ 
annually  by  a  field  officer,  when  practicable.  A  report  of  such 
inspections  will  be  furnished  to  the  regimental  commander,  a 
copy  of  which  shall  be  forwarded  to  the  Adjutant-General. 

264.  Inspectors-general  and  acting  inspectors-general  will  inquire 
as  to  the  necessity,  economy,  and  propriety  of  all  disbursements, 
their  strict  conformity  to  the  law  and  regulations  appropriating 
the  money,  and  whether  officers  charged  with  funds  comply  with 
the  law  and  regulations  in  keeping  their  accounts  and  making 
their  deposits.  A  statement  of  receipts  and  expenditures  and  of 
their  distribution  of  funds,  with  lists  of  outstanding  checks,  and 
other  liability,  upon  forms  furnished  by  the  Adjutant-General. 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


99 


265.  When  an  officer  ceases  to  act  as  a  disbursing  officer,  or  for 
any  reason  closes  his  accounts,  he  will  prepare  a  closing  statement 
of  his  money  accounts ;  he  will  forward  the  statement  to  the 
Adjutant-General  through  military  channels. 


ARTICLE  XXIV. 

PROCEDURE  OF  MILITARY  COURTS  AND  BOARDS. 

266.  The  procedure  of  military  courts  and  boards  shall  conform,  General  provisions, 
as  near  as  may  be,  to  the  rules  laid  down  in  the  Manual  for  Courts- 

martial  and  Courts  of  Inquiry  as  revised  by  the  United  States 
War  Department,  and  as  such  manual  may  hereafter  be  modified 
by  competent  authority.  That  wherever  in  such  use  of  said  man¬ 
ual  the  context  or  subject  requires  the  words  “United  States”  to 
read  “State  of  North  Carolina,”  and  the  word  “Army”  to  read 
“National  Guard,”  and  the  words  “Statutes  of  the  United  States,” 
or  their  equivalent,  to  read  “Laws  of  North  Carolina,”  such  change 
or  changes  will  be  made. 

267.  The  order  promulgating  the  sentence  of  a  court-martial 
shall  be  issued  and  signed  by  the  officer  appointing  the  court,  or 
his  successor.  Said  order  shall  set  forth  the  fact  of  trial,  date  and 
place  of  trial,  number  and  date  of  the  order  convening  the  court, 
names  of  the  officers  composing  the  court,  name  of  the  person  con¬ 
victed,  finding  and  sentence  of  the  court,  and  the  sentence  as 
modified  by  the  said  reviewing  authority. 

268.  All  commissioned  officers,  except  chaplain,  are  eligible  to  Composition, 
sit  on  courts-martial ;  medical  officers,  however,  should  be  detailed 

for  such  duty  only  when  unavoidable. 

269.  Courts  will,  as  far  as  practicable,  hold  their  sessions  so  Sessions, 
as  to  interfere  least  with  ordinary  routine  duties,  and,  when  nec¬ 
essary  for  the  sake  of  an  immediate  example,  a  court  will  be 
ordered  to  sit  without  regard  to  hours. 

270.  When  a  member  of  the  North  Carolina  National  Guard  is  Confinement, 
sentenced  by  summary,  regimental  or  garrison  court-martial,  at  a 

time  when  such  member  is  not  on  active  duty,  such  sentence  shall 
not  include  confinement,  except  as  authorized  by  the  statutes  of 
North  Carolina. 

271.  At  home  stations,  when  charges  and  specifications  have  Summary  courts, 
been  referred  to  a  summary  court  for  trial,  the  commanding  offi¬ 
cer  of  the  company  of  which  the  accused  is  a  member,  shall  arrange 

with  the  trial  officer  as  to  time  and  place  of  trial,  and  at  such 
time  and  place  it  will  be  the  duty  of  such  commanding  officer  to 
produce  the  person  of  the  accused  and  the  witnesses  for  the  State. 


100 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Regimental  and 
garrison  courts. 


Summary  courts, 
charges  and 
specifications. 


Courts  of  inquiry. 
Oath  of  secrecy. 


Close  sessions. 


The  attendance  of  accused  and  witnesses  shall  be  arranged  for 
when  practicable  through  military  channels,  and  the  accused  may 
be  confined  not  to  exceed  five  days  prior  to  trial,  if  such  confine¬ 
ment  is  necessary  to  secure  such  attendance ;  provided  the  order 
of  commitment  for  such  confinement  be  not  issued  before  the 
charges  against  the  accused  have  been  referred  to  the  trial  officer. 

272.  While  troops  are  at  home  stations  the  attendance  of  accused, 
and  the  witnesses  belonging  to  his  company  or  other  similar  unit, 
before  regimental  and  garrison  courts  will  be  arranged  as  pro¬ 
vided  for  in  securing  their  attendance  before  summary  courts  in 
the  preceding  paragraph.  When  it  is  necessary  to  continue  time  of 
trial  to  procure  such  attendance,  the  commanding  officer  of  such 
company  or  unit  shall  arrange  with  the  judge-advocate  of  such 
garrison  or  regimental  court  for  the  time  and  place  of  trial,  sub¬ 
ject  to  the  approval  of  the  president  of  the  court.  The  attendance 
of  civilian  witnesses  and  witnesses  before  such  courts  from  other 
organizations  will  be  secured  by  the  judge-advocate. 

273.  In  procedure  in  summary  courts  formal  charges  and  specifi¬ 
cations  need  not  be  drawn.  In  lieu  thereof  form  U.  S.  No.  12 
(record  of  summary  courts)  shall  be  used,  properly  filled  out  and 
signed  by  the  officer  preferring  charges.  After  reference  thereof 
and  trial  thereunder  the  original  form,  with  the  required  record 
thereon,  shall  be  forwarded  to  the  appointing  authority  for  ap¬ 
proval,  and  a  duplicate  copy  bound  as  a  page  of  the  trial  officer’s 
record  of  summary  courts. 

274.  General  courts-martial  shall  be  appointed,  their  proceed¬ 
ings  reviewed  and  their  sentence  promulgated  only  by  the  com¬ 
mander-in-chief  of  the  National  Guard  of  North  Carolina.  Garri¬ 
son  and  regimental  courts-martial  shall  be  convened,  their  pro¬ 
ceedings  and  findings  reviewed  and  their  sentences  promulgated 
only  by  the  brigadier-general  or  other  officer  commanding  the 
brigade  to  which  the  accused  belongs,  or  by  the  Adjutant-General, 
in  case  the  accused  belongs  to  an  organization  not  brigaded,  or 
whenever  the  sentence  involves  the  discharge  of  a  soldier.  A  sum¬ 
mary  court-martial  shall  be  appointed,  charges  submitted  to  them 
for  trial,  their  findings  reviewed  and  sentences  promulgated  only 
by  the  commanding  officer  of  the  regiment. 

275.  The  prescribed  oath  (117  A.  W.)  does  not  compel  secrecy 
on  the  part  of  the  members  of  a  court  of  inquiry  and  the  recorder 
in  regard  to  the  proceedings,  but  such  secrecy  as  is  required  of 
members  of  a  court-martial  should  be  observed. 

276.  Courts  of  inquiry  are  inherently  close  courts,  to  which 
auditors  and  spectators  may  have  access  by  permission,  and  not  of 
right. 


REGULATION  S  FOR  THE  N.  C.  NATIONAL  GUARD. 


101 


277.  The  order  convening  a  court  of  inquiry  must  state  whether  Scope  of 
the  court  is  to  report  facts  or  not,  also  whether  or  not  it  is  to  investlg,atlon- 
give  an  opinion.  It  may  be  ordered  to  report  the  facts  with  or 

without  an  opinion.  By  facts  is  understood,  not  the  testimony 
merely,  but  the  conclusions  gathered  from  weighing  all  the  testi¬ 
mony.  The  court  should  also  be  instructed  whether  its  attention 
is  to  be  extended  to  a  general  investigation  or  to  be  confined  to 
the  examination  of  particular  points  only,  as  the  case  may  seem 
to  require,  in  the  judgment  of  the  commander-in-chief.  Where  the 
subject  is  multifarious,  the  court  should  be  instructed  to  state  its 
opinion  on  each  point  separately,  that  the  proper  authority  may  be 
able  to  form  his  judgment. 

278.  After  mature  deliberation  on  the  evidence  adduced,  they  Necessary 
proceed  to  find  a  state  of  facts,  if  so  directed  by  the  order  consti-  findm^s- 
tuting  the  court,  and  to  declare  whether  or  not  the  grounds  of  accu¬ 
sation  are  sufficient  to  bring  the  matter  before  a  court-martial, 

and  also  to  give  their  opinion  of  the  merits  of  the  case,  if  so  re¬ 
quired. 

279.  It  is  not  necessary  to  publish  the  proceedings  or  opinion  Publish  findings, 
of  the  court,  although  it  may  be  done  in  general  orders. 

280.  The  records  of  general  courts-martial  and  of  courts  of  in-  Disposition  of 

records 

quiry  are  filed  with  the  Adjutant-General.  The  complete  proceed¬ 
ings  of  regimental,  garrison  and  summary  courts  will  be  filed  with 
the  appointing  authority  or  delivered  to  such  court’s  successor 
when  terms  of  service  of  such  courts  are  concluded. 

281 .  Boards  for  any  purpose  not  otherwise  specially  authorized  Special  boards, 
may  be  ordered  by  the  commander-in-chief  whenever  occasion 
requires.  Such  boards  are  usually  instructed  in  orders  what  they 

are  to  do.  There  is  but  little  difference  in  the  general  form  of  the 
reports  of  military  boards ;  they  should  be  addressed,  unless  other¬ 
wise  ordered,  to  the  officer  ordering  the  board. 


ARTICLE  XXV. 

SMALL  ARMS  PRACTICE  AND  CARE  OF  ACCOUTERMENTS. 

282.  Small  arms  practice  will  be  conducted  and  reports  thereof 
made  in  accordance  with  the  authorized  firing  regulations  and 
orders  from  the  War  Department  (A.  R.  355),  supplemented  by 
orders  from  the  Adjutant-General’s  Department  of  North  Caro¬ 
lina. 


102 


REGULATIONS  FOR  THE  -N.  C.  NATIONAL  GUARD. 


Targets  and 
ammunition 
provided. 


Annual  allowance. 


How  expended. 


Prizes  for  marks¬ 
manship. 


283.  Requisite  targets  and  ammunition  will  be  provided  by  the 
quartermaster-general  of  North  Carolina,  upon  proper  requisition. 
Such  ordnance  stores  must  be  accounted  for  on  the  next  succeed¬ 
ing  return  of  ordnance,  and  accountable  officers  will  not  certify  to 
any  expenditure  thereof  until  such  expenditure  has  actually  been 
made. 

284.  The  annual  allowance  of  targets  and  ammunition  shall  be 
fixed  from  time  to  time  in  orders. 

285.  All  officers  in  charge  of  ammunition  must  see  that  it  is 
kept  in  a  proper  place,  from  which,  in  case  of  fire  or  other  emer¬ 
gency,  it  can  be  easily  removed,  or  where,  in  case  of  fire  cutting 
off  access,  its  explosion  will  do  the  least  damage  to  surrounding 
property. 

286.  No  ammunition  will  be  kept  in  an  armory,  headquarters,  or 
other  place,  without  due  notice  to  the  proper  officials  of  the  fire 
department  of  the  city  or  town  in  which  it  is  kept,  or  without 
notice  to  the  underwriters,  who  may  have  given  policies  of  insur¬ 
ance  upon  the  building  wherein  it  is  stored,  or  upon  the  contents 
of  such  building. 

287.  The  greatest  care  will  be  exercised  at  all  times  by  both 
officers  and  enlisted  men  to  keep  ball  cartridges  separate  from 
blank  cartridges. 

288.  Requisitions  for  ammunition  will  be  made  upon  the  quar¬ 
termaster-general. 

289.  Ammunition  for  which  an  officer  is  accountable  will  not 
be  expended  except  under  his  direction,  and  an  officer’s  certificate 
as  to  the  necessity  for  such  expenditure  must  accompany  his  next 
ordnance  return. 

290.  Arms  will  not  be  left  loaded  in  armories,  quarters  or  tents, 
or  when  men  are  off  duty. 

291.  To  encourage  marksmanship,  the  Governor  is  authorized  to 
offer  annually  a  Sta’te  decoration  to  those  who  shall  excel  in  small 
arms  practice:  a  brigade  prize,  not  exceeding  $100  in  value,  for 
competition  among  the  organizations  of  the  brigade,  armed  with 
rifle  or  carbine,  and  three  prizes  of  the  value  of  $300,  $200  and 
$100,  respectively,  to  be  awarded  to  the  three  companies  in  each 
regiment  having  the  highest  general  figure  of  merit.  The  Governor 
may  also,  in  his  discretion,  provide  suitable  decorations  and 
prizes  for  proficiency  in  practice  with  light  and  heavy  guns.  All 
such  prizes  to  be  competed  for  under  regulations  prescribed  by 
the  commanding  officer  of  the  National  Guard  approved  by  the 
Governor. 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


103 


ARTICLE  XXVI. 

CORRESPONDENCE  AND  RECORD-KEEPING. 

2911/£.  The  law  requires  that  when  a  military  organization  is 
mustered  out  of  the  service  of  the  United  States  all  of  its  re¬ 
cords  must  be  sent  to  the  Adjutant-General  of  the  Army,  in  order  Records  sent  to 
that  they  may  be  used  in  the  subsequent  settlement  of  claims  a<Jjutant-general. 
against  the  Government  of-  all  accounts  growing  out  of  such 
service,  and  for  other  official  purposes.  As  the  volume  of  such 
records  in  the  aggregate  under  the  most  favorable  conditions  can¬ 
not  be  other  than  enormous  at  the  close  of  a  war,  it  is  most  de¬ 
sirable  that  they  should  comprise  only  the  most  essential  data. 

Again,  when  engaged  in  actual  service  in  the  field,  it  is  always 
difficult  and  often  impossible  for  regiments  to  maintain  unbroken 
records.  It  is  usual  for  the  headquarters’  wagons,  in  which  the 
records  are  carried  in  charge  of  the  regimental  clerks,  to  be 
taken  to  a  place  of  safety,  usually  some  miles  in  the  rear,  so 
that  it  may  happen  that  the  adjutant  as  well  as  the  sergeant- 
major  may  be  separated  from  their  office  for  some  days.  During 
this  time  it  is  important  that  they  retain  all  correspondence,  let¬ 
ters,  telegrams,  and  orders,  etc.,  that  may  have  been  received,  and 
copies  of  all  sent,  by  the  commanding  officer,  though  they  be  in 
skeleton,  rough  draft,  or  simplest  notation,  and  that  these  import¬ 
ant  papers  be  recorded  as  early  as  possible.  That  they  may  be 
prepared  for  such  emergency,  it  is  necessary  that  all  officers  and 
men  concerned  with  the  making  or  keeping  of  military  cor¬ 
respondence  should  be  fully  instructed  in  the  simplest  and  most 
essential  details. 

THE  BUSINESS  OFFICE. 

292.  All  the  clerical  business  of  a  military  command  is  trans-  Source  from  which 
acted  at  some  designated  place  to  which  is  given  the  name  of  mstruc- 

“office”  or  “headquarters.”  The  former  is  used  to  designate  the 
place  of  business  of  an  officer  of  a  supply  department,  as  well 
as  the  highest  executive  authority,  such  as  “Office  of  the  quarter¬ 
master  (or  paymaster),”  “adjutant-general  (of  a  State  or)  of  the 
Army.”  The  term  “headquarters”  expresses  the  location  of  an 
officer  commanding  troops  ;  but  in  its  modern  application  is  used 
to  designate  the  source  from  which  orders  and  instructions  issue. 

It  does  not  apply  to  a  company,  troop,  or  battery  as  such,  but 
does  apply  to  a  regiment,  brigade,  division,  army  corps,  or  army ; 
to  an  expeditionary  force,  as  well  as  to  an  independent  command, 
though  it  may  not  be  composed  of  a  greater  number  than  a  com¬ 
pany.  It  is  proper  to  say  “Headquarters,  3d  Infantry,”  3d 


104 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Adjutant’s  duties. 


Brigade,  3d  Division,  etc. ;  but  not  “Headquarters,  Company  C,  3d 
Infantry,”  nor  “Headquarters,  3d  Field  Battery,”  nor  “Head¬ 
quarters,  3d  Battalion.”  Some  National  Guard  companies  use 

the  form  “Quarters  of  Company  H,  -  Regiment  of  Infantry, 

N.  G.  of - ,”  “Armory  of - Field  Battery,  N.  G.  of  - .” 

These  forms  are  unobjectionable.  A  battalion  being  a  tactical 
unit,  its  location  should  be  expressed :  “2d  Battalion,  2d  In¬ 
fantry,  N.  G.  S.  N.  Y.,  Schenectady,  N.  Y.”  In  the  field,  unless 
operating  independently,  the  battalion  loses  its  identity,  and  its 
location  is  that  of  its  regiment.  In  the  District  of  Columbia,  and 
perhaps  in  some  States,  the  battalion  is  recognized  by  law  as  an 
administrative  unit,  with  an  adjutant  and  other  staff  officers, 
and  in  such  case  “Headquarters,  3d  Battalion,  2d  Regiment, 
D.  C.  N.  G.,”  is  not  improper,  but  such  a  use  of  the  term  is  not 
recognized  in  the  Army,  where  battalion  commanders  have  no 
administrative  duties.  Also  the  term  “headquarters”  would  not 
be  used  in  connection  with  a  fort,  camp,  cantonment,  barracks, 
etc.,  though  it  may  be  the  station  of  a  regiment  or  brigade.  “Fort 
Monroe,  Virginia” ;  “Vancouver  Barracks,  Washington” ;  “Camp 
George  H.  Thomas,  Georgia,”  and  not  “Headquarters,  Fort  Monroe, 
etc.”  The  55th  Iowa  National  Guard  at  its  home  station  at  Ames, 
or  if  forming  the  garrison  at  Fort  Des  Moines,  would  use  the 
term  “Headquarters,  55th  Iowa  National  Guard,”  in  correspon¬ 
dence  and  orders  exclusively  regimental,  but  “Fort  Des  Moines” 
merely,  in  matters  of  post  administration.  As  a  rule  the  head¬ 
quarters  of  a  regiment  of  organized  militia  are  officially  at  the 
city  or  town  where  its  colonel  resides ;  in  the  field  they  are  at 
the  point  where  the  colonel  may  be;  with  volunteer  troops  they 
follow  the  rule  of  the  Army. 

ADJUTANTS,  ETC. 

293.  The  adjutant  of  a  regiment,  in  addition  to  his  other  duties, 
has  charge  of  its  clerical  business,  and  issues  orders  and  instruc¬ 
tions  in  the  name  of  the  commanding  officer,  who  may  be  the 
colonel,  lieutenant-colonel,  or  a  major,  etc. ;  an  assistant  adjutant- 
general  or  chief  of  staff,  that  of  a  brigade,  division,  or  army  corps ; 
the  adjutant-general,  that  of  the  Army,  or  of  a  State  or  Territory. 
Orders  and  instructions  to  a  company,  troop,  or  battery,  are  given 
verbally  by  the  first  sergeant  in  the  name  of  the  captain ;  a  first 
sergeant  does  not  sign  orders  in  the  name  of  the  captain.  If  it 
be  desirable  that  he  should  send  out  notices  for  drill,  parade,  etc., 
he  can  give  them  in  his  own  name,  for  which  he  has  abundant 
authority.  It  is  not  improper  to  use  letter  paper  with  printed 
headings,  “Headquarters,  3d  Infantry,  Pennsylvania  National 
Guard,  office  of  the  commanding  officer,”  or  “office  of  the  ad- 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


105 


jutant” ;  “2d  Battalion,  1st  Infantry,  District  of  Columbia,  Na¬ 
tional  Guard,  office  of  the  adjutant,”  or  “Company  B,  1st 
Georgia  State  Troops,  office  of  the  captain,”  nor  to  have  such 
letter  paper  provided  with  a  printed  brief  and  indorsement  for 

routine  subjects.  In  short,  anything  that  tends  to  neatness  and  Neatness  and  sys- 

„  ,,  ....  tem  in  military 

system  in  military  correspondence  or  record-keeping  is  to  be  en-  record-keeping. 

couraged.  And  the  value  of  such  system  becomes  the  more  ap¬ 
parent  when  the  troops  are  ordered  into  the  field,  or  on  cam¬ 
paign,  when  prompt  dispatch  of  communications  becomes  an  im¬ 
portant  factor,  and  sufficient  clerical  force  is  not  always  available. 

THE  CLERICAL  FORCE. 

294.  The  sergeant-major  occupies  toward  a  regimental  head-  Sergeant-major’s 

duties 

quarters  the  position  of  chief  clerk,  and  has  charge,  under  the 
adjutant,  of  all  clerical  work,  as  well  as  the  custody  of  the 
records.  When  the  command  is  about  to  take  the  field,  it  is 
his  duty  to  arrange  for  a  sufficient  supply  of  books,  blanks,  and 
stationery,  including  rubber  stamps  of  every  character  that  will 
save  work,  and  provide  a  place  in  a  headquarters  wagon  for  their 
transportation ;  that  clerks  and  orderlies  are  detailed,  and  their 
several  duties  laid  down  and  understood ;  when  in  the  field  to  see 
that  the  adjutant’s  office  is  set  up  as  soon  as  camp  is  made,  and 
all  its  machinery  in  immediate  working  order.  The  same  duties 
devolve  upon  the  brigade  and  division  sergeant-majors  or  chief 
clerks  toward  their  respective  commands.  At  superior  head¬ 
quarters  the  clerical  work  is  performed  by  details  from  the  troops, 
under  the  direction  of  the  adjutant-general.  The  first  sergeant  is 
generally  charged  with  the  clerical  work  of  the  company,  and  it  is 
usual  to  detail  a  suitable  man  to  assist  him,  who  is  borne  on  the 
rolls  as  company  clerk. 

OFFICE  BUSINESS. 

295.  The  following  General  Order  No.  109  will  be  complied  with 
except  the  order  book  will  not  be  discontinued,  and  each  brigade, 
regiment,  battalion,  company,  and  detachment  commander  will 
keep  an  order  book  with  a  copy  of  each  general  and  special 
order  issued. 

General  Orders,  WAR  DEPARTMENT, 

No.  109.  Washington,  June  18,  1906 . 

1.  The  use  of  the  letters-received  book  with  index,  the  letters- 
sent  book  with  index,  and  the  order  book,  will  be  discontinued 
throughout  the  Army  by  August  31,  1906,  or  as  soon  thereafter 
as  practicable,  in  all  administrative  units  and  offices  below  de¬ 
partment  headquarters.  These  books  will  be  replaced  by  a  cor- 


106 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Changed  to  corres¬ 
pondence  book. 


Index  to  be 
apportioned. 


respondence  book  with  index,  a  document  file,  and  an  order  file. 
The  correspondence  book  and  index  will  be  furnished  in  each  case 
by  the  bureau  that  is  supplying  the  books  now  in  use. 

2.  The  record-card  system  prescribed  by  paragraph  V,  War 
Department  Orders,  May  15,  1894,  is  authorized  for  general  use 
at  division  and  department  headquarters. 

3.  The  title  on  all  post,  regimental,  and  company  letters-re- 
ceived  and  letters-sent  books  remaining  on  hand  for  issue,  in¬ 
cluding  those  in  the  Philippines  Division,  will  be  changed  to 
“CORRESPONDENCE  BOOK,”  and  the  “Instructions  for  use  of 
Correspondence  Book”  will  be  substituted  for  the  “Instructions” 
now  appearing  on  the  inside  of  the  top  cover  of  the  old  style  letter 
books.  The  title  on  the  indexes  to  these  old  letters-received  and 
letters-sent  books  will  be  changed  to  “Index  to  Correspondence 
Book,”  and  the  “Instructions  for  use  of  Correspondence  Book” 
will  be  substituted  for  the  “Instructions”  now  appearing  in  each 
index  book. 

A  sufficient  number  of  the  new  style  correspondence  books  for 
supply  to  each  regiment,  independent  battalion,  and  company 
in  the  Army  will  be  procured.  The  book  will  be  4  inches  wide, 
8 %  inches  long,  and  about  %  of  an  inch  thick,  made  of  paper  of 
first-class  quality,  suitably  bound,  with  flexible  back.  Including 
the  index  the  book  will  contain  362  pages ;  the  index  will  be  ap¬ 
portioned  as  follows : 

One  page  for  each  of  the  letters  I,  J,  K,  N,  U,  V,  X,  Y,  Z. 

Two  pages  for  each  of  the  letters  A,  G,  H,  L,  W. 

Three  pages  for  each  of  the  letters  E,  F,  M,  O,  P,  Q,  S,  T 

Four  pages  for  each  of  the  letters  B,  D,  R. 

Six  pages  for  the  letter  C. 

4.  Distribution  of  the  correspondence  books  to  the  various  ad¬ 
ministrative  units  and  offices  will  be  made  by  September  1,  1906, 
or  as  soon  thereafter  as  practicable,  as  follows : 

a.  To  post  and  artillery  district  headquarters,  the  converted 
post  or  regimental  letters-received  book,  with  converted  index. 

J).  To  the  offices  of  the  various  staff  officers  at  posts  keeping  a 
correspondence  record,  the  converted  cpmpany  letters-received 
book,  with  converted  index. 

c.  To  regimental  headquarters,  to  headquarters  of  battalions 
not  organized  into  regiments,  and  to  each  company  (band,  de¬ 
tachment,  etc.),  the  new  style  correspondence  book. 

5.  After  the  supply  of  the  converted  post  and  regimental  letters- 
received  books  shall  have  been  exhausted  by  issue,  the  converted 
company  letters-received  books  will  be  issued  to  all  post  and 
artillery  district  headquarters,  and  to  the  offices  of  the  various 
staff  officers  indicated  above,  until  the  entire  supply  of  the  con- 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


107 


verted  \ettevs-?'eceived  books  shall  have  been  exhausted.  Issue 
will  then  be  made  as  hereinbefore  indicated  of  the  converted  let- 
ters -sent  books,  to  continue  until  the  supply  shall  have  been  ex¬ 
hausted,  after  which  the  new  style  correspondence  book  will  be 
issued  exclusively. 

6.  The  following  instructions  will  be  placed  on  the  inside  of  the 
top  cover  of  each  correspondence  book  (converted  and  new)  and 
of  each  separate  index : 

INSTRUCTIONS  FOR  USE  OF  CORRESPONDENCE  BOOK. 

( a )  In  the  correspondence  book  will  be  entered  with  ink  or  a  brief  of  each 
indelible  pencil  a  brief  of  each  item  of  correspondence  in  re-  po^de^ceOTreS’ 
spect  to  which  a  record  is  necessary  and  a  notation  of  the  action 

taken  thereon.  Each  item  will  be  numbered  from  one  forward 
continuously  and  without  break  for  any  new  year.  No  communi¬ 
cation  exhibiting  the  notation  of  a  previous  entry  should  be  again 
entered  in  the  same  correspondence  book,  unless,  for  special 
reasons,  it  should  become  necessary  or  desirable  to  transfer  a  re¬ 
mote  entry  to  one  of  current  date,  or  unless  additional  space 
should  be  required  to  continue  the  record.  A  space  of  at  least 
three  lines  will  be  left  below  each  original  entry  for  use  in  con¬ 
tinuing  the  record. 

(b)  Each  item  will  be  indexed  under  its  subject,  and  when 
necessary  under  the  name  of  the  writer  of  the  communication  and 
the  names  of  persons  mentioned  therein. 

(c)  The  index  entries  will  bear  numbers  corresponding  to  those  Index  entries  to 
of  the  items.  Where  many  communications  are  received  from  the  earnum  eis' 
same  official,  the  name  of  the  writer  need  not  be  indexed  if  it  be 

found  that  the  index  of  the  subject  of  such  communication 
answers  all  practical  purposes. 

(cl)  The  correspondence  book  will  be  supplemented  by  a  “Docu-  Document  file, 
ment  File.”  The  papers  of  that  file  will  be  numbered  to  cor¬ 
respond  with  the  numbers  of  the  items  and  of  the  index  entries 
and  will  be  filed  according  to  their  serial  numbers.  The  file  will 
contain  the  original  documents  or  communications  when  these  are 
retained,  and  carbon,  letterpress,  or  other  legible  copies  of  all 
letters,  indorsements,  or  telegrams  sent  with  regard  to  the  same. 

The  file  will  also  contain  similar  copies  of  all  letters,  indorsements, 
or  telegrams  originating  in  the  administrative  unit  or  office.  When 
more  than  one  paper  pertaining  to  the  same  item  is  placed  on  the 
file,  the  papers  will  be  placed  in  an  envelope,  if  practicable,  and 
the  number  of  the  item  will  be  noted  thereon.  Papers  differently 
numbered,  but  on  a  related  matter,  may  also  be  kept  together 
when  desired,  but  if  so  kept,  a  reference  slip  must  be  inserted 
to  account  for  the  paper  absent  from  its  serial  place. 


108 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Notation  of  origin 
and  receipt. 


Papers  filed. 


Size  of  official 
letter  paper. 


Official  letters  to 
refer  to  one  sub¬ 
ject. 


Post-office  address 
to  be  given. 


( e )  No  record  will  be  made  beyond  the  mere  notation  of  the 
fact  of  origin  or  receipt  and  disposition  in  respect  to  the  fol¬ 
lowing  : 

1.  All  papers  not  pertaining  to  the  business  of  the  office  at 
which  received;  such  papers  should  be  transmitted  forthwith  to 
the  proper  place  for  action. 

2.  Accounts  current ;  vouchers ;  returns  of  personnel  and  of 
stores  and  other  property ;  inventory  and  inspection  reports ;  re¬ 
quisitions  ;  muster  and  pay  rolls. 

3.  Mere  letters  of  transmittal ;  such  letters  when  received  will 
be  destroyed  forthwith. 

4.  Requests  for  and  acknowledgment  of  receipt  of  publications 
and  blanks. 

5.  All  other  communications  that  have  no  permanent  value  and 
that  are  finally  disposed  of  by  answers  thereto. 

(f)  The  serial  numbers  in  the  “Document  File”  will  conse¬ 
quently  not  be  complete,  but  whenever  a  paper  is  filed  therein 
the  abbreviation  “Doc.”  will  be  placed  after  the  proper  entry  in 
the  correspondence  book  in  order  to  indicate  that  the  paper  it¬ 
self,  as  well  as  any  record  pertaining  to  it,  will  be  found  in  the 
“Document  File.” 

296.  A  standard  sheet  of  letter  paper  measures  10%  inches  in 
length  by  8  inches  in  width ;  of  foolscap  paper,  13  by  8,  and  in 
ordering  paper  for  official  use,  this  measurement  should  be  in¬ 
sisted  upon  for  the  reason  that  it  fulfills  every  requirement  for 
subsequent  systematic  handling.  An  official  letter  should  refer 
to  one  subject  only,  and  when  the  contents  of  the  communication 
cover  but  a  single  page  a  half  sheet  of  letter  paper  only  should  be 
used.  Should  the  length  of  the  communication  require  more  than 
one  page,  it  is  better  to  write  on  one  side  of  the  paper  only,  so  that 
the  outside  of  the  second  sheet,  where  the  communication  does  not 
cover  more  than  two  pages,  may  be  used  for  briefing  and  indorse¬ 
ments.  When  more  than  three  pages  are  required  for  the  body 
of  the  communication,  an  additional  half  sheet,  or  more  if  neces¬ 
sary,  should  be  neatly  attached  to  it,  so  that  the  last  or  outer  page 
may  be  left  entirely  blank.  In  the  field  the  exigencies  of  the 
situation  may  frequently  require  communications  to  be  written  on 
sheets  of  note  paper,  pages  from  notebooks,  backs  of  envelopes, 
etc.  In  such  cases  they  should,  when  received,  be  pasted  on  a 
sheet  of  the  standard  size  of  letter  paper. 

297.  The  post-office  address  of  the  writer  should  be  given  in  his 
official  letters,  and  indefinite  expressions  of  locality  which  do 
not  indicate  where  a  letter  was  written,  and  to  which  reply  is 
to  be  addressed,  are  to  be  avoided.  Official  com munica lions 
should  be  signed  or  authenticated  with  a  pen  and  not  by  fac- 


Third  fold.  Second  fold.  First  fold. 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


109 


10Jf  Madison  Street, 

Charlotte,  N.  C., 
January  20,  190 J). 

To  the  Adjutant-General, 

State  of  North  Carolina, 


(Through  Military  Channels.) 

Sir: 

Having  changed  my  residence  from  Washington 
to  this  city,  I  have  the  honor  to  request  that  I  be 
transferred  from  Company  G,  2d  Infantry,  of 
which  I  am  a  member,  to  one  of  the  companies  of 
the  1st  Infantry  located  in  this  city. 

Very  respectfully, 


Henry  T.  Washington, 
Corporal  Co.  G.,  2d  Infantry, 
North  Carolina  National  Guard. 


Face  of  the  letter  and  position  for  folding  it;  dotted  lines  above  show 
where  creases  come  in  folding. 


110 


REGULATION’S  FOR  THE  N.  C.  NATIONAL  GUARD. 


Letters  of 
transmittal. 


First  fold  for  the 
brief. 


Brief  to  be  made 
at  first  receiving 
office. 


Office  marks. 


simile,  and  signature  should  be  plainly  and  legibly  written,  with 
the  rank  and  regiment  or  corps  of  the  writer  annexed. 

Letters  of  transmittal  should  be  used  only  when  necessary, 
and  when  used  must  refer  only  to  the  matter  transmitted;  no 
letters  of  transmittal  are  required  with  rolls,  returns,  requisi¬ 
tions,  estimates,  or  periodical  reports. 

BRIEFS  AND  INDORSEMENTS. 

298.  When  a  letter  is  received  by  the  official  to  whom  addressed, 
or  through  whom  forwarded,  if  written  on  letter  paper  it  should 
be  folded  in  three,  and  if  on  foolscap  in  four  equal  folds  parallel 
with  the  writing,  so  that  each  fold  will  be  3 y2  or  3%  inches  in 
width.  The  inner  or  left  of  the  sheet  is  the  top  when  folded; 
the  left  fold  of  the  outer  page  is  the  first  fold.  This  first  fold  is 
used  exclusively  for  the  “brief,”  the  office  marks,  notes  of  in¬ 
closure,  and  dates  of  receipt  by  the  various  offices  through  which 
it  passes. 

299.  The  “brief”  is  made  at  the  first  office  at  which  it  is  received 
and  entered.  The  first  line  of  the  brief  should  give  the  city  or 
town  from  which  it  is  written,  the  street  address,  if  possible, 
and  the  date  of  the  communication,  and  should  commence  2  inches 
from  the  top  of  the  fold.  A  half  inch  below  this  line  the  name 
of  the  writer  and  his  rank,  company,  and  regiment  (if  an  officer 
or  soldier)  should  be  given.  If  the  purport  of  the  communication 
is  exclusively  of  an  official  character,  the  rank  or  office  of  the 
writer  should  be  given  rather  than  his  individual  name,  thus : 
“Commanding  officer,  Co.  K,  3d  Regiment,”  “assistant  adjutant- 
general,  1st  Brigade,”  “adjutant-general  (of  the  State  or  Terri¬ 
tory  or  of  the  U.  S.  Army),”  “quartermaster-general,”  “paymaster- 
general,”  etc.  One-half  inch  below  this  should  be  given  a  brief 
analysis  of  the  contents  of  the  communication,  avoiding  the  use 
of  unnecessary  words  and  bringing  out  the  salient  points  of  the 
communication.  Inclosures  to  the  original  communication  should 
be  noted  just  below  the  brief,  thus :  “1  inclosure,”  “4  inclosures.” 

The  date  of  receipt  at  the  first  office  at  which  the  communication 
is  received  and  entered  should  be  noted  at  the  bottom  of  the  first 
fold,  say  %  inch  from  the  bottom,  thus :  “Received,  Co.  G,  2d  N.  C. 
Inf.,  Jan.  4,  1904 ;”  a  similar  notation  should  be  made  on  the  next 
imaginary  line  above  by  the  office  at  which  the  communication 
is  next  received,  thus :  “Received,  headquarters,  2d  N.  C.  Inf., 
Jan.  24,  1904,”  and  so  on  from  the  bottom  toward  the  top  of  the 
fold  by  each  office  at  which  the  communication  is  successively  re¬ 
ceived.  If  a  rubber  stamp  is  used  for  this  purpose  care  should 
be  taken  that  it  be  put  on  neatly  and  in  the  order  above  indicated, 


First  fold.  Second  fold.  Third  fold. 


REGULATIONS  FOE,  THE  N.  C.  NATIONAL  GUARD. 


Ill 


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Back  of  letter  with  brief,  indorsements,  and  notations. 


Fourth  fold.  Back  of  fourth  fold. 


112 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


so  as  to  leave  sufficient  space  for  the  successive  stamps  above.  In 
the  same  manner  the  date  on  which  a  paper  is  received  back  is 
to  be  noted  in  red  ink  below  the  indorsement  referring  it,  thus : 

“Received  back - ,  1904,  with  report,”  or  “with  report  and - 

inclosures,”  if  such  is  the  case. 

300.  The  number  given  the  communication  by  the  office  at  which 
it  is  first  received  should  be  placed  about  %  inch  from  the  top 
of  the  first  fold,  thus:  “5 — 1904,  G,  2d  X.  C.  Inf.,”  and  the  num- 


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Method  of  folding  and  attaching  additional  slips. 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


113 


ber  given  it  by  successive  offices  should  follow  below,  thus : 

“28 — 1904,  headquarters,  2d  N.  C.  Inf.,”  “75 — 1904,  headquarters, 

2d  Brigade,  N.  C.  N.  G.,”  etc.  Where  rubber  stamps  are  used 
for  this  purpose,  regularity  is  not  so  essential,  provided  a  due 
degree  of  neatness  be  observed  and  care  taken  that  one  stamp 
shall  not  be  placed  over  another. 

INDORSEMENTS. 

301.  Indorsements  commence  at  the  top  of  the  second  fold  and  Where  to  write 
are  numbered  serially  in  order  of  dates  on  the  second  and  sue-  m  orsemen  s- 
ceeding  folds,  leaving  room  after  each  for  office  marks.  It  is 
to  be  noted  that  the  use  of  the  word  “headquarters”  is  not  to 
be  attached  to  companies,  troops,  or  batteries ;  that  company 
commanders  and  adjutants  of  battalions  and  regiments  sign  “by 
order,”  assistant  adjutants-general  of  brigades,  divisions,  and 
other  higher  commands,  “by  command,”  thus :  “By  order  of  Major 
Smith,”  “By  order  of  Colonel  Brown,”  “By  command  of  Brigadier- 
General  Hale,”  “By  command  of  Major-General  Scott,”  etc.  The 
instructions  of  higher  officers  not  exclusively  military  are  com¬ 
municated  by  the  use  of  the  words  “By  order”  or  “By  direction,” 
thus :  “By  order  of  the  Governor,”  “By  order  of  the  Secretary  of 
War,  or  Assistant  Secretary  of  War.”  When  the  space  on  the 
second  and  third  folds  of  the  paper  is  exhausted  by  successive 
indorsements,  additional  space  is  provided  by  pasting  slips  of  paper 
on  the  underside  of  the  last  fold — that  is,  to  the  bottom  edge 
of  the  original  paper,  each  slip  when  attached  to  have  the  same 
length  and  width  as  the  original  fold  and  to  turn  back  upon  the 
last  fold  like  the  leaf  of  a  book,  so  that  the  first  fold,  on  which 
the  brief  is  made,  is  always  outside.  If  a  half  sheet  of  letter 
paper  of  practically  the  same  size  as  the  original  sheet  of  paper 
on  which  the  communication  is  written  be  pasted  on  the  underside 
of  the  last  fold  so  that  the  outer  edges  will  rest  exactly  even 
with  the  outer  edge  of  the  original  paper,  the  object  sought  for 
can  be  exactly  obtained.  Printed  labels  by  way  of  indorsements, 
pasted  one  on  top  of  another,  a  method  followed  by  some  depart¬ 
ments  of  the  Government,  has  never  been  encouraged  by  the  War 
Department.  In  no  case  should  loose  wrappers  be  placed  around 
an  official  paper  except  as  a  mere  covering. 

INCLOSURES. 


302.  All  inclosures  should  be  numbered  and  be  given  the  proper  inclosures  to  be 
office  marks  as  above  stated.  Inclosures  to  the  original  com- numbered* 
munication  are  noted  on  the  first  fold  just  below  the  brief.  If 


8 


114 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Military  channels. 


others  are  added  when  an  indorsement  is  made,  their  number, 
“1  inclosure,”  “4  inclosures,”  should  be  noted  at  the  foot  of  the 
indorsement  to  which  they  pertain,  and  also  on  the  first  fold  of 
the  original  communication  just  below  the  notation  of  inclosures 
to  the  original  communication.  To  the  latter  notation  should  be 
added  the  number  of  the  indorsement  to  which  they  belong,  thus : 
“1  inclosure,  5th  indorsement” ;  “4  inclosures,  7th  indorsement.” 
Inclosures  to  indorsements  are  numbered  in  the  same  series  as 
those  of  the  original  paper,  and  the  number  of  the  indorsement 
to  which  they  belong  is  added  below.  If  few  in  number  and  not 
bulky,  inclosures  may  be  kept  inside  the  original  paper,  other¬ 
wise  they  will  be  folded  to  the  same  measure  as  the  original  paper 
and  put  in  a  wrapper  marked  “inclosures.”  It  is  a  rule  of  the 
Adjutant-General’s  Office  that  clerks  through  whose  hands  of¬ 
ficial  papers  pass  will  make  the  inclosures  and  slips  secure  when 
they  are  not  so,  patch  up  any  papers  that  are  mutilated  or  torn 
through  much  handling. 

CHANNEL  OF  COMMUNICATION. 

303.  As  a  rule,  communications,  whether  from  a  subordinate  to 
a  superior,  or  vice  versa,  should  pass  through  intermediate  com¬ 
manders.  All  communications  on  official  matters  intended  for  the 
Secretary  of  War  or  the  Chief  of  Staff  should  be  addressed  to 
the  Adjutant-General  of  the  Army  and  forwarded  by  company 
commanders  to  the  adjutant  of  the  regiment,  by  the  regimental 
commander  to  the  assistant  adjutant-general  of  the*  brigade,  by 
the  latter  to  the  assistant  adjutant-general  of  the  division,  if  there 
be  any,  by  the  latter  to  the  adjutant-general  of  the  State  (or  Terri¬ 
tory),  thence  to  the  Adjutant-General  of  the  Army.  This  does 
not  mean  that  every  communication  that  is  addressed  by  a  writer 
to  the  Adjutant-General  of  the  Army,  or  of  a  State  or  Territory, 
through  military  channels,  must  necessarily  go  to  him.  On  the 
contrary,  it  should  ordinarily  be  answered  by  the  first  officer 
through  whose  hands  it  passes  who  possesses  the  correct  informa¬ 
tion  upon  which  to  base  a  reply.  Questions  on  disputed  points  of 
drill  regulations,  of  guard  manual,  firing  regulations,  or  Army 
Regulations,  or  of  uniform,  or  interpretations  of  the  militia  law, 
which  come  from  members  of  the  militia  to  the  Adjutant-General 
of  the  Army  by  thousands  every  year,  ought  not  as  a  rule  to  go 
beyond  regimental  headquarters.  All  communications  from  su¬ 
periors  to  subordinates  should  be  answered  through  the  same  chan¬ 
nel  as  received.  This  rule,  however,  is  not  to  be  interpreted  as 
including  matters  in  relation  to  which  intermediate  commanders 
can  have  no  knowledge  and  over  which  they  are  not  expected  to 
exercise  control. 


First  fold. 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


115 


Charlotte,  N.  C., 
February  3,  1901). 

Capt.  Henry  Williams, 

Company  D,  1st  Infantry,  N.  C.  N.  G. 


Sir: 

In  obedience  to  your  instructions  of  the  1st  instant, 
I  called  upon  Corporal  Henry  T.  Washington,  Company 
G,  2d  Infantry,  who  has  recently  removed  to  this  city 
from  Washington  and  desires  transfer  to  some  one  of 
our  city  companies,  and  I  have  the  honor  to  report  that 
in  my  opinion  this  man  will  prove  an  acceptable  acqui¬ 
sition  to  our  company.  He  is  employed  as  cashier  with 
the - Tobacco  Company  of  this  city,  is  about  thirty 


(30)  years  of  age,  unmarried,  of  gentlemanly  and  sol¬ 
dierly  appearance,  and  has  no  objection  to  coming  to  us 
as  a  private,  in  the  confidence  that  he  will  secure  promo¬ 
tion  if  given  an  opportunity  to  demonstrate  his  ability  to 
■deserve  it. 

Very  respectfully, 

C.  P.  Jones, 

2d  Lieut.,  1st  Inf.,  N.  C.  N.  G. 


Inclosure  to  fifth  indorsement  to  model  official  paper. 


116 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


304.  It  is  a  regulation  of  the  Army  that  officers  who  forward 
communications  will  indorse  thereon  their  approval  or  disap¬ 
proval,  and  no  communication  is  forwarded  to  the  Adjutant- 
General  of  the  Army  for  the  action  of  the  Chief  of  Staff  or  the 
Secretary  of  War  without  some  recommendation  or  expression  of 
opinion. 


305.  The  commanding  general  of  a  corps,  division,  or  brigade, 
as  also  the  commanding  officer  of  a  regiment  or  battalion,  com¬ 
municates  with  those  under  his  command  through  a  staff  or  other 
suitable  officer.  To  others  of  equal  or  superior  rank,  they  them¬ 
selves  sign  communications. 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


117 


306.  All  military  records  must  be  carefully  preserved.  The  Re-  Military  records  to 
vised  Statutes  (sections  5403-5408)  prescribe  penalties  for  the pe  preserved- 
fraudulent  or  wrongful  destruction,  withdrawal,  or  removal  from 

any  public  office  of  any  public  record,  paper,  or  document  of  any 
department.  So  long  as  a  military  organization  is  in  the  service 
of  the  State  its  records  pertain  to  and  are  the  property  of  the 
State,  and  should  not  be  taken  therefrom.  When  a  militia  organi¬ 
zation  comes  into  the  service  of  the  United  States  it  should  com¬ 
mence  an  entirely  new  set  of  records,  making  timely  requisition 
for  the  necessary  books.  All  public  records  and  papers,  such  as 
letters  and  telegrams  received,  books  of  general  and  special  orders 
and  circulars,  correspondence  books,  guard  report,  morning  re¬ 
port,  descriptive  and  clothing,  sick  reports,  etc.,  are  the  property  of 
the  United  States,  and  will  be  required  by  the  War  Department  in 
the  settlement  of  claims  against  the  Government  and  for  other 
official  purposes ;  go  that  whenever  militia  organizations  are 
mustered  out  of  the  United  States  service  all  such  records  should 
be  carefully  labelled  and  packed  and  marked,  showing  the  com¬ 
mand  to  which  they  pertain,  and  forwarded  by  express  to  the 
Adjutant-General  of  the  Army. 

307.  The  use  of  colored  inks,  except  as  carmine  and  red  ink 
are  used  in  annotation,  is  prohibited  in  the  records  and  corre¬ 
spondence  of  the  Army,  and  must  not  be  used  by  militia  organi¬ 
zations  when  in  the  service  of  the  United  States. 

ORDERS. 

308.  The  orders  of  commanders  of  armies,  corps,  divisions,  bri-  Classes  of  orders, 
gades,  regiments,  posts,  territorial  departments  and  districts 

are  denominated  “general  orders”  or  “special  orders”  of  such 
army,  corps,  etc.,  according  to  character.  Publications  of  de¬ 
cisions,  interpretations  of  law,  or  regulations,  or  orders,  or  matters 
of  information  of  interest  to  the  troops,  are  denominated  “circu¬ 
lars.”  Orders  issued  by  commanders  of  battalions,  companies,  or 
small  detachments  are  simply  denominated  “orders.”  General  and 
special  orders,  circulars,  and  orders  are  numbered  in  separate 
series,  each  beginning  with  the  calendar  year  or  at  the  time  of  the 
establishment  of  the  headquarters,  and  the  first  order  or  circular 
of  each  year  should,  by  a  memorandum  at  the  foot,  give  the  num¬ 
ber  of  the  last  order  and  circular  of  the  previous  year,  thus: 

“General  Orders  No.  104  was  the  last  general  order  of  1903  from 
this  office” ;  so  that  officers  can  see  whether  or  not  they  have  the 
series  of  orders  complete,  and,  if  necessary,  ask  for  such  as  may 
be  missing.  General  orders  and  orders  of  like  character  are 
usually  printed,  but  sometimes  written.  When  special  orders  are 


118 


REGULATION S  FOR  THE  N.  C.  NATIONAL  GUARD. 


Headquarters  1st  Brigade, 

North  Carolina  National  Guard, 

Statesville,  Feb.  21,  1904 . 


Special  Orders,  \ 

No.  27.  / 

Hs  Hs  $  •  sfs  * 


4.  At  his  own  request  and  with  the  approval  of  all 
commanding  officers  concerned,  Corporal  Henry  T. 
Washington,  Company  G,  2d  Infantry,  North  Carolina 
National  Guard,  stationed  at  Washington,  North  Caro¬ 
lina,  is  transferred  as  private  to  Company  D,  1st  In¬ 
fantry,  North  Carolina  National  Guard,  stationed  at 
Charlotte,  North  Carolina. 

This  soldier  will  turn  over  to  the  Commanding  Officer 
of  Company  G,  2d  Infantry,  all  clothing  and  other  pub¬ 


lic  property  for  which  the  latter  is  accountable,  who 
will  forward  receipt  therefor,  together  with  his  enlist¬ 
ment  paper  and  descriptive  roll,  to  the  Commanding 
Officer  of  the  company  to  which  he  is  transferred. 

*  *  ❖  *  * 

By  command  of  Brigadier-General  Hale : 

A.  T.  Brown, 

Assistant  Adjutant-General. 


Form  of  Order,  and  inclosure  to  ninth  indorsement  of  model. 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


119 


printed,  they  should  be  printed  on  paper  of  the  same  dimensions 
as  that  which  is  used  for  the  written  ones. 

309.  General  orders  are  such  that  it  is  important  that  the  wffiole  Scope  of  general 
command  should  know,  that  is,  the  time  and  place  of  issues  and  or  ers’ 
payments,  hours  for  roll  call  and  duties,  police  regulations  and 
prohibitions,  returns  to  be  made  and  their  form,  laws  and  regula¬ 
tions  for  the  Army,  promotions  and  appointments,  eulogies  or 

censures,  or  results  of  trial  by  general  courts-martial  in  all  cases 
of  officers,  or  of  enlisted  men  involving  matters  of  general  interest 
or  importance.  As  a  rule,  general  orders  should  relate  to  but  one 
subject,  but  when  it  is  essential  that  more  than  one  subject  be 
published  in  general  orders  the  same  day,  the  separate  subjects 
are  distinguished  by  paragraphs,  using  the  Roman  numerals  I, 

II,  III,  IY,  etc. 

310.  Special  orders  are  such  as  concern  individuals  or  relate  to  Special  orders, 
matters  that  need  not  be  made  known  to  the  whole  command, 

such  as  directions  for  journeys,  and  leaves  of  absence  of  officers, 
assignments  of  officers  to  regiments,  furloughs,  transfers,  and 
discharges  of  enlisted  men.  If  more  than  one  special  order  is 
issued  in  a  day,  each  is  denominated  a  paragraph,  and  distin¬ 
guished  from  each  other  by  Arabic  figures :  1,  2,  3,  4,  etc. 

311.  When  it  is  necessary  or  desirable  to  communicate  informa-  Circulars, 
tion  to  the  troops  that  does  not  convey  an  order  or  instructions, 

the.  same  is  published  as  a  circular,  usually  in  the  same  dimen¬ 
sions  of  paper  as  a  general  order. 

'  312.  The  head  of  an  order  should  communicate  the  source  from  How  to  sign  orders, 

which  it  emanates,  as  well  as  the  place  and  date,  and  the  foot 
of  the  order  the  name  and  rank  of  ttie  officer  who  gives  the  order. 

Thus:  (for  a  division)  “Headquarters,  1st  Division,  5th  Army 

Corps,  Siboney,  Cuba,  June - ,  1898,  General  (or  Special)  Orders 

No.  — ,  By  command  of  Major-General - ,  Lieutenant-Colonel  and 

Assistant  Adjutant-General;”  (for  a  brigade)  “Headquarters,  2d 
Brigade,  1st  Division,  7th  Army  Corps,  Tampa,  Florida,  August 

- ,  1898,  General  (or  Special)  Orders  No.  — ,  By  command  of 

Brigadier-General  - ,  Major  and  Assistant  Adjutant-General 

(for  a  regiment)  “Headquarters,  31st  Michigan  Volunteer  In¬ 
fantry,  Macon,  Georgia,  November - ,  1898,  General  (or  Special) 

Orders  No. - ,  By  order  of  Colonel - ,  Captain  and  Adjutant 

(for  a  company)  “Company  B,  159th  Indiana  Volunteer  Infantry, 

Falls  Church,  Virginia,  May  - ,  1898,  Orders  No.  — ,  Captain 

(or  Lieutenant)  Commanding.” 

313.  Blank  books  for  the  purpose  of  recording  orders  issued  by 
companies,  regiments,  brigades,  etc.,  are  furnished  by  the  Adjutant- 
General’s  Department,  of  the  same  size  as  the  letters-received 


120 


REGULATIONS  EOR  THE  N.  C.  NATIONAL  GUARD. 


Not  adaptable  for 
field  service. 


i 


To  contain  an  ab¬ 
stract  of  the  com¬ 
munication. 


Index  card. 


Document  file. 


book,  and,  after  being  recorded,  should  be  signed  by  the  officer 
signing  the  original  order.  As  these  records  are  of  value  in  future 
settlements,  facsimiles  should  never  be  used,  nor  the  name  writ¬ 
ten  in  by  a  clerk. 

THE  CARD-RECORD  SYSTEM. 

314.  The  card-record  system  is  a  method  of  recording  on  cards 
instead  of  in  books,  and  while  it  is  a  superior  method  for  use 
in  a  permanent  office,  where  the  volume  of  work  is  considerable, 
it  is  not  adaptable  for  use  in  the  field.  In  this  system  the  en¬ 
tries  above  described  as  being  made  in  the  letters-received  and 
letters-sent  books  correspond  to  the  entries  made  on  the  “record 
cards,”  and  those  in  the  index  of  these  books  to  the  entries  made 
on  the  “index  cards.” 

315.  Under  the  card-record  system  there  are  three  files,  viz.: 
( a )  a  “record-card  file,”  (&)  an  “index-card  file,”  and  (c)  a  “docu¬ 
ment  file.” 

(a)  The  record  card  contains  a  brief  or  abstract  of  the  com¬ 
munication  received  and  a  record  of  the  official  action  taken 
upon  it;  that  is,  a  copy  of  the  brief  of  the  paper  and  a  copy  or 
abstract  of  such  important  indorsements  as  may  be  already  on 
it,  and  a  copy  in  full  of  the  indorsement,  letter,  or  telegram  cov¬ 
ering  the  action  on  the  paper,  and  notation  of  any  order  or  circu¬ 
lar  issued  on  it.  The  cards  are  numbered  from  one  forward 
continuously  and  filed  in  numerical  order.  When  the  space  on 
any  record  card  is  not  sufficient  to  record  all  the  data  specified 
above,  slips  of  the  same  size  are  attached  to  the  card  (on  the 
back)  as  extensions. 

(&)  The  index  card  is  the  means  by  which  the  record  card 
and  the  original  paper  are  located.  It  contains  the  name  and 
official  designation  of  the  writer  of  the  communication  and  the 
subject  of  the  same,  a  separate  card  being  made  for  each  name 
and  each  subject  of  material  importance  which  the  paper  con¬ 
tains. 

The  record  cards  and  index  cards  pertaining  to  a  case  are  each 
stamped  with  the  same  official  number ;  the  former  are  filed  in 
numerical  order  and  the  latter  in  alphabetical  order. 

(c)  A  “document  file”  consists  of  the  original  papers,  letters, 
or  other  communications  which  are  received  and  which  are  re¬ 
tained  on  the  files.  These  documents  are  numbered  consecutively, 
and  with  numbers  corresponding  to  those  on  the  “record  cards” 
and  “index  cards.”  With  the  original  documents  or  papers  are 
filed  press  copies  of  any  letters  or  telegrams  sent  in  relation 
thereto  and  copies  of  any  orders  issued  thereon.  If  the  original 
communication  and  accompanying  papers  be  not  retained  in  the 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


121 


office,  the  record  card  must  show  that  fact  in  each  case,  and  the 
press  copies  of  communications,  the  orders,  memoranda,  etc.,  re¬ 
lating  to  the  case  which  are  retained  are  placed  in  a  jacket  or 
envelope  bearing  the  proper  number  and  filed  numerically.  The 
“record  cards”  and  “index  cards”  used  in  the  files  above  specified 
are  of  uniform  size,  of  8  inches  long  by  3%  inches  wide,  and  writ¬ 
ten  across  their  width.  Further  details  of  this  system  will  be 
furnished  upon  application  to  the  Adjutant-General  of  the  Army. 

316.  The  purpose  of  the  company  and  regimental  morning-re- Morning  report, 
port  book  is  to  secure  a  complete  history  or  diary  of  its  officers 
and  men  for  the  whole  period  of  their  connection  with  the  com¬ 
mand,  as  well  as  to  afford  the  basis  for  requisitions  for  its  sub¬ 
sistence,  and  it  is,  therefore,  of  the  utmost  importance  that  it  be 
kept  accurately  and  intelligently.  The  model  page  attached  to 
the  fly  leaf,  which  explains  the  method  of  entering  the  “remarks” 
on  the  alternate  pages,  so  as  to  show  the  number  of  rations  to 
which  the  command  is  entitled,  should  be  carefully  read  and 
thoroughly  understood.  The  captions  of  the  column  rulings  are 

self-explanatory  so  far  as  indicating  their  purpose.  For  detailed  Special  and  extra 

duty. 

information  it  is  to  be  noted,  that  men  on  special  duty  are  such 
officers  and  men  as  are  present  with  the  command,  who  have  been 
placed  temporarily  on  a  duty  which  prevents  their  detail  for 
guard  or  the  performance  of  their  ordinary  duty  with  the  com¬ 
pany;  that  is  to  say,  an  officer  detailed  as  judge-advocate  of  a 
court,  but  not  when  recorder  of  a  board,  or  as  adjutant,  com¬ 
missary,  or  quartermaster,  or  a  sergeant  or  other  non-commis¬ 
sioned  officer  as  acting  first  sergeant,  or  of  a  private  as  company 
clerk,  or  detailed  for  duty  in  the  adjutant’s  or  other  office.  Ordi¬ 
narily,  men  will  not  be  carried  on  special  duty  unless  detailed 
in  written  orders.  Men  on  “extra  duty”  are  distinguished  from 
those  on  “special  duty”  merely  in  that  they  receive  the  extra  pay 
allowed  by  law  for  whatever  special  service  they  are  performing, 
such  as  carpenters,  painters,  laborers,  clerks,  etc.  The  column 
of  “Daily  duty”  is  fully  embodied  in  the  two  preceding  columns 
and  need  not  be  filled  out  (the  term  is  obsolete  in  the  Army). 

“Present  sick”  are  those  officers  and  enlisted  men  who  have  been 
declared  sick  by  the  surgeon,  and  are  present  wdth  the  company, 
either  in  quarters  or  in  hospital,  and  “In  arrest”  or  “Confine¬ 
ment,”  those  officers  and  men  who  are  present  with  the  company 
but  in  arrest,  or  confined  in  the  guard-house,  or  possibly  in  the 
hospital.  “Absent  on  detached  service”  are  those  who  are  on 
duty  in  a  different  place  or  station  from  the  one  at  which  the 
command  is  serving,  or  men  who  have  been  detailed  on  a  duty 
which  takes  them  away  from  the  command  for  more  than  twenty- 


122 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Absent. 


Field  records. 


Prompt  reports. 


four  hours.  “Absent  with  leave”  are  those  who  have  received 
permission  from  proper  authority  to  be  absent ;  officers  on  leave 
of  absence,  enlisted  men  on  furlough  or  pass,  provided  their 
passes  extend  beyond  the  time  at  which  the  report  is  to  be  ren¬ 
dered,  and  “Absent  without  leave,”  such  men  of  the  last  enumer¬ 
ated  classes  as  are  absent  without  authority  or  have  overstayed 
their  pass.  “Absent  sick”  are  those  who  are  officially  known  to 
the  commanding  officer  to  be  sick,  but  are  not  with  the  company. 
“Absent  in  arrest  and  in  confinement”  or  “Retained  by  civil  au¬ 
thority,”  are  those  who  have  been  placed  in  arrest  or  confined 
and  are  not  present  with  the  company.  The  column  for  “Present 
and  absent,”  of  course,  includes  the  totals  of  the  preceding  col¬ 
umns  under  these  heads.  “Explanations  of  alterations  since  last 
report”  are  self-explanatory;  the  first  sergeant  and  company 
commander  must  personally  sign  the  book  every  morning ;  fac¬ 
similes  are  prohibited,  and  no  officer  or  non-commissioned  officer 
is  permitted  to  sign  for  another. 

WHEN  IN  THE  FIELD. 

317.  Too  great  emphasis  cannot  be  given  to  the  necessity  of 
keeping  a  record  of  every  letter,  telegram,  dispatch,  order,  or 
memorandum,  of  whatever  character,  received  or  sent  during 
active  operations  in  the  field  on  campaign.  To  this  end  all  officers 
performing  the  duties  of  adjutant,  assistant  adjutant-general, 
and  aide-de-camp  should  procure  and  carry  at  all  times  note¬ 
books  of  suitable  size  to  be  carried  conveniently  in  the  pocket. 
Such  note-books  can  be  procured  from  any  stationer,  arranged 
with  alternate  sheets  of  carbon,  so  that  two  or  more  impressions 
can  be  made  of  all  communications  sent  or  orders  or  instructions 
received  from  the  commanding  officer.  Similar  note-books  should 
be  carried  by  sergeant-majors,  first  sergeants,  and  orderlies. 
These  note-books,  when  filled  with  the  duplicate  copies,  together 
with  communications  received,  should  be  sent  back  to  headquar¬ 
ters  as  frequently  as  opportunity  presents  itself,  in  order  that 
their  contents  may  be  properly  recorded.  The  compact  and  dura¬ 
ble  manner  in  which  typewriting  machines  are  now  made  and 
packed  for  carrying  render  it  practicable  for  at  least  one  to  be 
carried  by  each  regimental  headquarters. 

318.  Another  indispensable  requisite  to  the  successful  progress 
of  a  campaign  is  the  prompt  rendition  of  reports  and  returns. 
First  sergeants,  company  clerks,  sergeant-majors,  and  regimental, 
brigade  and  division  clerks,  should  be  thoroughly  instructed  at 
National  Guard  armories  in  the  correct  method  of  filling  out  such 
blank  forms  as  morning  reports,  regimental  returns  and  muster 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


123 


rolls,  brigade  and  division  returns.  Before  entering  upon  a  cam¬ 
paign,  care  should  be  taken  to  have  a  sufficient  supply  of  all 
needed  blank  forms,  but  the  clerks  should  previously  be  made 
so  familiar  with  the  forms  that  in  the  event  that  no  blanks  are 
to  be  had  in  an  emergency,  they  will  be  able  to  rule  them  on  blank 
sheets  of  wrapping  paper,  or  any  other  available  material. 

319.  ht  is  a  requirement  of  regulations  (Troops  in  Campaign, 
267)  that  within  ten  days  after  the  close  of  every  engagement  or 
affair,  the  commanding  officer  of  each  regiment,  separate  bat¬ 
talion  and  light  battery  concerned  will  prepare  and  forward  to 
the  next  superior  headquarters  a  concise  report  of  the  part  taken 
therein  by  his  command,  including  the  effective  strength  of  the 
same,  and  the  losses  incurred,  under  the  separate  headings  of 
“Killed,”  “Wounded,”  and  “Missing,”  and  a  duplicate  of  this  report 
is  required  to  be  forwarded  direct  to  the  Adjutant-General  of  the 
Army ;  brigade  commanders,  within  ten  days  after  the  receipt  of 
the  reports  of  the  organizations  composing  them ;  division  com¬ 
manders,  within  twenty  days ;  and  corps  commanders,  within 
thirty  days  thereafter  are  required  to  prepare  and  forward  simi¬ 
lar  reports  to  the  next  superior  headquarters.  These  are  to  be 
accompanied  by  appendices  containing  consolidated  reports  of  the 
effective  strength  and  casualties  of  the  several  commands,  of  the 
losses  of  property  incurred,  and  a  nominal  list  of  the  officers 
attached  to  their  respective  staffs;  and  duplicates  of  these  re¬ 
ports  are  required  to  be  forwarded  direct  to  the  Adjutant-General 
of  the  Army. 

320.  The  importance  of  these  last  mentioned  requirements  can¬ 
not  be  overestimated.  The  necessity  that  commanding  generals 
shall  be  advised  as  to  the  strength,  efficiency,  and  availability  of 
the  various  units  of  their  command;  that  the  importance  of  a  vic¬ 
tory  or  defeat  may  be  estimated ;  that  the  anxiety  of  relatives  and 
friends  as  to  the  fate  of  officers  and  men  engaged  may  be  relieved ; 
that  not  infrequently  the  promotion  or  reward  of  an  officer  or  sol¬ 
dier  may  depend  upon  his  conduct  in  action ;  are  among  the  many 
reasons  why  a  neglect  to  render  promptly  the  reports  of  this 
character  are  military  offenses,  inexcusable,  and  frequently  irre¬ 
parable.  . 


Report  of  troops 
when  in  campaign. 


Importance  of 
reports. 


PART  III 


PUBLIC  PROPERTY. 

CLASSIFICATION,  ISSUE,  ACCOUNTABILITY, 
DISPOSITION. 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


127 


ARTICLE  XXVII. 

CLASSIFICATION. 

321.  Public  property  used  in  the  military  service  is  classified 
according  to  the  department  to  which  it  pertains  or  by  which  it  is 
controlled  or  issued,  as  follows :  Quartermaster,  Ordnance,  Medi¬ 
cal,  Engineer,  Signal,  Commissary  and  Naval.  In  addition,  the 
public  money,  which  is  disbursed  and  accounted  for  by  the  Pay 
Department,  and  all  text-books,  manuals  and  record  documents 
issued,  controlled  and  accounted  for  by  the  Adjutant-General’s 
Department,  are  included  in  this  general  classification  of  public 
property. 

322.  Quartermaster  property,  or  property  of  the  Quartermas¬ 
ter’s  Department,  consists  of  all  public  property  furnished  by  or 
employed  in  the  operation  of  the  Quartermaster’s  Department, 
which  is  charged  with  the  duty  of  providing  means  of  transporta¬ 
tion  of  every  character,  either  under  contract  or  in  kind,  which 
may  be  needed  in  the  movement  of  troops  and  material  of  war.  It 
furnishes  all  public  animals  employed  in  the  military  service,  the 
forage  consumed  by  them,  wagons  and  all  articles  necessary  for 
their  use,  and  the  horse  equipments  for  the  Quartermaster’s  De¬ 
partment.  It  furnishes  clothing,  camp  and  garrison  equipage,  bar¬ 
racks,  storehouses  and  other  buildings ;  constructs  and  repairs 
roads,  railways,  bridges;  builds  and  charters  ships,  boats,  docks 
and  wharves  needed  for  military  purposes,  and  attends  to  all  mat¬ 
ters  connected  with  military  operations  which  are  not  expressly 

.  assigned  to  some  other  department.  The  Quartermaster’s  Depart¬ 
ment  transports  to  the  place  of  issue  and  provides  storehouses  for 
the  preservation  of  stores  supplied  by  other  departments.  General 
depots  for  the  collection,  manufacture  and  preservation  of  quarter¬ 
master  stores,  until  required  for  distribution,  are  under  the  imme¬ 
diate  control  of  the  Quartermaster-General. 

323.  Ordnance  and  ordnance  stores  include  cannon  and  artillery 
vehicles  and  equipments;  apparatus  and  machines  for  the  service 
and  maneuver  of  artillery;  small  arms,  ammunition  and  accouter¬ 
ments;  horse  equipments  and  harness  for  the  field  artillery  and 
horse  equipments  for  cavalry  and  for  all  mounted  men  except  those 
in  the  Quartermaster’s  Department;  tools,  machinery  and  mate¬ 
rials  for  the  ordnance  service,  and  all  property  of  whatever  nature 
supplied  to  the  military  establishment  by  the  Ordnance  Depart¬ 
ment.  [A.  R.  1541]. 


Public  property, 
classification  of. 


Quartermaster 
property,  defini¬ 
tion  of. 


Ordnance 
property,  defini¬ 
tion  of. 


128 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Medical  property, 
definition  of. 


Engineer  property 
definition  of. 


Signal  property, 
definition  of. 


Commissary  stores 
of  what  composed. 

Naval  property, 
of  what  composed. 


Governor  draws 
and  issues  govern¬ 
ment  property. 


Conformity  to 
army  standards. 


Uniform  like 
army. 


324.  Medical  property  includes  medicines,  surgical  instruments, 
containing  chests  and  cases,  and  all  property  used  by  the  Medical 
Department  in  the  prevention  and  cure  of  disease,  healing  of 
wounds,  sanitation  and  all  property  whatsoever  supplied  to  the 
military  establishment  by  the  Medical  Department. 

325.  Engineer  property  includes  such  scientific  instruments,  ap¬ 
paratus,  tools  and  appliances  as  are  required  in  the  work  of  the 
Engineer  Department,  and  all  property  of  whatever  nature  issued 
to  the  military  establishment  by  the  Engineer  Department. 

326.  Signal  property  consists  of  all  apparatus  and  appliances 
for  communication,  such  as  telegraph,  telephone,  cable  and  helio¬ 
graph  instruments,  flags,  lanterns,  torches  and  all  other  means  of 
intercommunication  between  posts  of  the  military  establishment, 
and  all  property  whatsoever  issued  by  and  employed  in  the  opera¬ 
tion  of  the  Signal  Corps. 

327.  Commissary  stores  include  all  foodstuffs  used  in  subsisting 
the  individuals  of  the  military  establishment. 

328.  Naval  property  embraces  all  property  of  whatever  nature 
issued  by  the  Navy  Department  for  the  use  of  the  naval  militia, 
and  includes  ships,  boats,  ships’  stores,  naval  ordnance,  small  arms, 
equipments,  clothing  for  all  enlisted  men  in  the  naval  militia  ser¬ 
vice  and  similar  property. 


ARTICLE  XXVIII. 

CONFORMITY  TO  ARMY  STANDARDS. 

329.  The  Governor  of  the  State  will  determine,  from  time  to  time, 
what  quantities  and  classes  Of  public  property  shall  be  drawn  from 
the  several  staff  bureaus  of  the  War  and  Navy  Departments,  and 
will  direct  the  issue  of  such  property  to  the  National  Guard. 

330.  The  public  property  used  by  the  North  Carolina  National 
Guard  will  at  all  times  conform  to  the  same  models,  patterns, 
forms,  proportions  and  kinds  as  that  employed  in  corresponding 
staff  corps,  arms  and  branches  of  the  regular  army,  in  so  far  as  it 
may  be  possible  and  practicable. 

331.  The  uniform  of  the  National  Guard  of  North  Carolina  shall 
be  the  same  as  that  of  the  army,  with  such  changes  and  modifica¬ 
tions  as  shall  be  deemed  necessary  by  the  Governor,  which  changes 
and  modifications  will  be  published  in  orders  from  time  to  time. 


REGULATION'S  FOR  THE  N.  C.  NATIONAL  GUARD. 


129 


ARTICLE  XXIX. 

FLAGS,  COLORS,  STANDARDS  AND  GUIDONS. 

332.  Only  such  flags,  colors,  standards,  pennants  and  guidons  as  Allowed;  pro- 
are  prescribed  by  the  Army  Regulations  and  Field  Service  Regu-  blblted- 
lations  for  the  use  of  the  army  will  be  used  by  the  National  Guard 

and  other  militia  forces  of  the  State,  and  no  ensign,  pennon, 
streamer  or  banner  of  any  kind  other  than  those  prescribed  will 
be  used  at  any  time,  except  such  as  may  be  prescribed  herein. 

333.  In  all  inscriptions  on  name-plates  and  borne  on  scrolls  of  inscriptions 
regimental  and  battalion  colors  and  standards  the  words  “North  prescribed- 
Carolina*National  Guard”  or  other  proper  official  designation  shall 

be  substituted  for  the  designations  and  inscriptions  prescribed  for 
the  army. 


ARTICLE  XXX. 

CARE  AND  CUSTODY  OF  PUBLIC  PROPERTY. 

334.  All  property  furnished  to  the  National  Guard  or  purchased 
from  public  funds  will  be  kept  in  armories  or  other  suitable  and 
safe  places,  except  when  used  in  the  discharge  of  military  duty. 

335.  Arms  and  equipments  must  be  kept  in  condition  for  imme¬ 
diate  use. 

336.  Public  property  will  not  be  used  for  any  private  purpose  Loaning  property 
whatsoever,  and  will  not  be*  loaned  to  any  person,  and  any  officer  nrohlblted- 
violating  this  rule  will  be  held  responsible  for  the  money  value  of 

the  articles. 

337.  All  public  property  will  be  plainly  marked  as  prescribed  in  Marking. 

Army  Regulations  and  orders. 


ARTICLE  XXXI. 

ISSUES  OF  PUBLIC  PROPERTY. 

338.  All  issues  of  public  property  for  the  use  of  the  militia  of  the  By  whom  and  to 
State  will  be  made  by  the  Quartermaster-General,  under  the  direc-  whom  made- 
tion  of  the  Adjutant-General.  Issues  will  be  made  to  but  one 
accountable  officer  in  each  organization. 

9 


130 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Ascertain  the 
needs  for  ensuing 
year. 


Bonds  required  of 
officers  receiving 
property. 


Requisitions 
separate  for  each 
kind  of  property. 


Duplicate  requi¬ 
sition  to  be  kept. 


Requiring  officers 
to  be  notified  of 
inability  to  issue. 


Articles  ordered 
issued  not  to  be 
required  again. 


339.  In  order  that  the  National  Guard  may  be  at  all  times  suffi¬ 
ciently  armed,  uniformed  and  equipped,  in  accordance  with  the 
provisions  of  the  United  States  statutes,  the  Commander-in-Chief 
will,  on  the  31st  day  of  December  in  each  year,  ascertain  from  com¬ 
pany  and  detachment  commanders,  through  regimental  and  brigade 
commanders,  the  needs  in  uniforms,  arms  and  equipments  of  each 
company  and  detachment  for  the  ensuing  year. 

340.  These  estimates  shall  be  itemized,  and,  when  approved  by 
the  intermediate  commanding  officers,  shall  be  submitted  to  the 
Governor  for  his  action. 

341.  The  Quartermaster-General  shall,  as  soon  as  practicable 
after  the  receipt  of  these  estimates,  procure  the  arms,  uniforms  and 
equipments  as  directed  by  the  Commander-in-Chief. 

342.  On  receipt  of  the  stores  by  the  Quartermaster-General,  the 
company  and  detachment  commanders  will  be  notified,  and  the  par¬ 
ticular  stores  requisitioned  for  by  each  company  and  detachment 
commander  and  approved  by  the  Commander-in-Chief  shall  be 
shipped  to  him. 

343.  Company  commanders,  in  making  their  requisitions,  will 
exercise  great  care  to  ask  only  for  articles  strictly  necessary  to 
equip  their  commands. 

344.  All  officers  receiving  public  property  hold  such  subject  to  the 
order  of  the  Governor  of  the  State,  and  are  required  to  give  bonds 
for  the  security,  safe-keeping  and  return  thereof,  which  bonds  shall 
be  given  to  the  State  in  the  form  and  amounts  prescribed  from 
time  to  time  and  kept  on  file  in  the  Adjutant-General’s  Department. 
The  Adjutant-General  will,  when  necessary,  institute  suits  on  the 
bonds  of  officers  failing  to  account  for  the  property  charged  to 
them. 

345.  Issues  of  public  property  to  troops  are  made  upon  approved 
requisitions  signed  by  the  officer  requiring  the  property  for  his 
organization.  Separate  requisitions  will  be  made  on  forms,  the 
same  as  are  used  in  the  army,  in  requiring  property  pertaining  to 
the  different  staff  corps,  with  such  modifications  as  are  necessary. 

346.  Requisitions  for  property  will  be  forwarded  through  the 
regular  channels  to  the  Quartermaster-General.  For  the  purpose 
of  reference,  officers  forwarding  requisitions  should  retain  a  dupli¬ 
cate  copy. 

347.  In  case  any  property  required  cannot  be  issued  by  reason  of 
lack  of  sizes,  insufficient  supply,  exhausted  supply,  or  any  other 
reason,  the  Quartermaster-General  will  make  such  notation  on  the 
requisition  and  notify  the  requiring  officer  for  his  information. 

348.  Articles  required  in  one  requisition  will  not  be  included  in  a 
subsequent  requisition  without  full  and  adequate  reference  to  the 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


131 


former  requisition,  and  in  no  case  will  articles  which  have  been 
ordered  shipped  on  one  requisition  be  included  in  a  subsequent 
requisition. 

349.  When  public  property  is  issued  by  the  State  Arsenal,  in-  invoices  and 
voices  signed  by  the  Quartermaster-General,  accompanied  by  re- receipts- 
ceipts,  each  on  the  prescribed  forms,  shall  be  forwarded  to  the 
officer  to  whom  the  issue  is  made,  who,  after  verifying  the  issue, 
will  date  and  sign  the  two  receipts  and  return  them  promptly  to  the 
Quartermaster-General,  the  two  invoices  being  retained  by  the  re¬ 
ceiving  officer  to  be  vouchers  to  his  next  semiannual  return,  show¬ 
ing  his  authority  for  taking  up  the  property,  one  copy  of  the  in¬ 
voice  being  placed  wfith  the  copy  of  the  return  forwarded  to  the 
Quartermaster-General,  the  other  copy  with  the  return  retained. 

The  bill  of  lading  sent  by  the  Quartermaster-General  should  also  be 
promptly  signed  and  returned  to  him. 


ARTICLE  XXXII. 

TURNING  IN  PUBLIC  PROPERTY. 

350.  In  every  case  of  officers  returning  property  of  any  kind  to 
the  State  Arsenal,  proper  and  correct  invoices  and  receipts  in  dupli¬ 
cate  for  the  same  should  be  forwarded  at  once  to  the  Quartermas¬ 
ter-General.  The  railroad  receipt  or  bill  of  lading  should  be 
promptly  forwarded  to  the  Superintendent  of  State  Arsenal. 

351 .  When  a  company  is  ordered  disbanded  and  is  finally  mus-  Property  of  dis- 
tered  out  of  the  service,  the  officer  accountable  for  all  the  property  zaSons°rgani" 
will  transfer  the  same  to  the  Quartermaster-General.  All  property 

in  use  by  the  organization,  including  all  property  not  theretofore 
carried  on  property  returns  of  the  organization,  will  be  regarded  as 
property  of  the  State,  unless  it  can  be  proven  to  the  satisfaction  of 
the  Adjutant-General  of  North  Carolina  that  it  is  the  private  prop¬ 
erty  of  individuals.  All  property  of  disbanded  organizations,  after 
proper  transfer  to  the  Quartermaster-General,  will  be  shipped  to 
the  State  Arsenal  and  stored. 

352.  Officers  accountable  for  public  property  for  which  they  no  Property  not 
longer  have  use  may  be  permitted  to  turn  same  in  to  the  State  ofuse‘ 
Arsenal,  upon  application  to  the  Quartermaster-General. 

353.  In  every  case  of  exchange  of  articles  of  the  same  kind,  but  of  Exchange,  a 
different  sizes  or  numbers,  with  the  State  Arsenal,  invoices  and double  transfer- 
receipts  will  be  passed  each  way,  one  set  enumerating  the  articles 

turned  in,  the  other  set  the  articles  issued  in  exchange. 


132 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Governor  accounta¬ 
ble  to  War 
Department. 


Officers  responsi¬ 
ble,  if  not 
accountable. 


ARTICLE  XXXIII. 

PUBLIC  PROPERTY  ACCOUNTABILITY  AND 
RESPONSIBILITY.  . 

354.  Accountability  and  responsibility  devolve  upon  any  person 
to  whom  public  property  is  entrusted  and  who  is  required  to  make 
returns  therefor.  Responsibility  without  accountability  devolves 
upon  one  to  whom  such  property  is  entrusted,  but  who  is  not  re¬ 
quired  to  make  returns  therefor.  [A.  R.  661.] 

355.  The  Governor  of  North  Carolina  is  directly  accountable  to 
the  War  Department  for  all  public  property  issued  by  the  several 
bureaus  and  departments  thereof  for  the  use  of  the  North  Carolina 
National  Guard.  All  officers  to  whom  this  property  may  in  turn 
be  issued  by  the  Governor  are  accountable  to  the  Governor.  The 
same  rule  applies  to  all  naval  property,  for  which  the  Governor  is 
accountable  to  the  Navy  Department. 

356.  If  an  officer  in  charge  of  the  public  property  of  a  command 
(not  properly  pertaining  to  a  company  or  detachment)  is,  by  order, 
leave  of  absence  or  any  other  cause,  separated  from  it,  the  com¬ 
manding  officer  or  an  officer  designated  by  him  will  receipt  and 
account  for  it.  [A.  R.  663.] 

357.  If  it  becomes  necessary  to  remove  all  officers  from  the 
charge  of  public  property,  the  commanding  officer  will  take  meas¬ 
ures  to  secure  it,  and  report  the  circumstances  to  the  proper  author¬ 
ity.  [A.  R.  664.] 

358.  A  company  or  detachment  commander  is  responsible  for  all 
public  property  pertaining  to  his  company  or  detachment,  and  will 
not  transfer  his  accountability  therefor  to  a  successor  during  pe¬ 
riods  of  absence  of  less  than  a  month,  unless  so  ordered  by  com¬ 
petent  authority.  When  such  absence  exceeds  a  month  the  question 
of  responsibility  is  settled  by  the  proper  authority.  [A.  R.  665.] 

359.  The  officer  in  temporary  or  permanent  command  of  a  com¬ 
pany  or  detachment  is  responsible  for  all  public  property  used  by 
or  in  possession  of  the  command,  whether  he  receipts  for  it  or  not. 
[A.  R.  666.] 

360.  The  property  responsibility  of  a  company  commander  can¬ 
not  be  transferred  to  enlisted  men.  It  is  his  duty  to  attend  per¬ 
sonally  to  its  security  and  to  superintend  issues  himself,  or  cause 
them  to  be  superintended  by  a  commissioned  officer.  [A.  R.  667.] 

361.  An  officer  will  not,  when  it  can  be  avoided,  be  detailed  for 
duty  which  will  separate  him  from  public  property  for  which  he  is 
accountable.  [A.  R.  668.] 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


133 


362.  A  transfer  of  public  property  involves  a  change  of  posses-  Transfer  of 

property, 

sion  and  accountability.  In  ordinary  cases  of  transfer  the  trans-  method  of. 
ferring  officer  will  furnish  the  receiving  officer  with  invoices  in 
duplicate,  accurately  enumerating  the  property,  and  the  latter  will 
return  duplicate  receipts.  In  cases  in  which  complete  transfer  of 
property  occurs,  instead  of  exchanging  separate  invoices  and  re¬ 
ceipts,  as  above  provided,  the  receiving  officer  may  make  direct 
entry  on  the  final  return  (both  original  and  duplicate)  of  his 
predecessor  that  all  the  property  thereon  enumerated  as  on  hand 
and  transferred  to  successor  was  received  by  him.  The  trans¬ 
ferring  officer  may  make  similar  entry  on  the  return  of  his  suc¬ 
cessor,  stating  that  all  the  stores  there  taken  up  as  received  *  from 
such  predecessor  were  actually  turned  over  by  him.  [A.  R.  669.] 

363.  When  an  officer  to  whom  stores  have  been  forwarded  be¬ 
lieves  them  to  have  miscarried,  he  will  promptly  inform  the  issu¬ 
ing  and  forwarding  officers.  [A.  R.  670.] 

364.  If  an  officer  to  whom  public  property  has  been  transferred 
fails  to  receipt  for  it  within  a  reasonable  time,  the  invoicing  officer 
will  report  the  facts  to  the  commanding  officer  of  the  former  for 
action.  Copies  of  all  papers  relating  to  the  transaction  will  be 
filed  with  his  returns.  [A.  R.  671.] 

365.  Upon  the  receipt  of  public  property  by  an  officer  he  will  Failure  to  receipt, 
make  careful  examination  to  ascertain  its  quality  and  condition, 

but  will  not  break  original  packages  until  issues  are  to  be  made, 
unless  he  has  reason  to  believe  the  contents  defective.  Should  he 
discover  defect  or  shortage  he  will  apply  for  a  survey  to  determine 
it  and  fix  the  responsibility.  Should  he  consider  the  property  unfit 
for  use  he  will  submit  inventories  in  triplicate  and  request  the 
action  of  an  inspector.  The  same  rule  will  be  observed  in  regard 
to  packages  wheu  first  opened  for  issue  and  for  property  damaged 
or  missing  while  in  store.  [A.  R.  672.] 

366.  When  packages  of  supplies  are  opened  for  the  first  time,  Opening  packages, 
whether  because  of  apparent  defect  or  for  issue,  the  officer  respon¬ 
sible,  or  some  other  commissioned  officer,  will  be  present  and  verify 

the  contents  by  actual  weight,  count  or  measurement,  as  circum¬ 
stances  may  require;  and,  in  case  of  deficiency  or  damage,  will 
make  written  report  of  the  facts  to  the  issuing  officer.  If  only  the 
officer  responsible  be  present  and  make  the  report,  he  will  secure 
the  sworn  statements  in  writing  of  one  pr  more  civilians  or  en¬ 
listed  men  regarding  the  condition  of  the  property  when  exam¬ 
ined.  Should  a  survey  be  ordered,  the  Adjutant-General,  or  the 
officer  to  whom  written  report  of  the  facts  has  been  made,  will 
refer  to  the  surveying  officer  the  report  made  by  the  examining 
officer,  together  with  the  sworn  statements.  At  arsenals  and 


134 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Receipts  evidence 
of  accountability. 


Final  returns 
before  discharge 
or  retirement. 


Accountability 
after  resignation, 
etc. 


All  property 
carried  on  returns. 


Property  pur¬ 
chased  from 
public  funds. 


depots  where  there  are  persons  whose  special  duty  it  is  to  receive 
and  issue  public  stores,  the  reports  herein  required  may  be  made  by 
them  instead  of  officers  of  the  National  Guard. 

367.  The  giving  or  taking  of  receipts  in  blank  for  public  property 
is  prohibited.  [A.  It.  674.] 

The  responsibility  for  nonexamination  of  all  stores  or  property 
rests  with  the  receiving  officer,  and  his  receipts  for  property  will 
be  conclusive  as  to  his  responsibility. 

368.  When  it  is  impracticable  for  an  officer  to  personally  super¬ 
intend  his  issues,  as  may  be  the  case  with  one  charged  with  dis¬ 
bursements  or  the  care  of  depots,  he  should  choose  with  great  cau¬ 
tion  the  agent  to  whom  he  entrusts  the  duty.  [A.  R.  677.] 

369.  An  officer  accountable  for  public  property  applying  for  dis¬ 
charge  or  retirement  must  turn  over  the  property  to  the  next  in 
command  or  such  other  officer  as  may  be  designated  by  proper 
authority,  giving  duplicate  invoices  and  taking  duplicate  receipts, 
and  will  forward  with  his  resignation  or  application  for  retirement 
a  property  return,  accounting  for  all  the  property  and  showing 
nothing  remaining  on  hand  to  be  accounted  for. 

370.  No  resignation,  retirement,  removal,  discharge,  dismissal, 
nomination  or  appointment  to  other  office  shall  in  any  way  affect 
the  liability  of  an  officer  for  public  property  in  his  possession  or 
for  which  he  is  responsible. 

371.  When  transferring  public  property  to  a  successor,  both  the 
transferring  officer  and  the  receiving  officer  shall  verify  the  quan¬ 
tities  by  actual  count. 


ARTICLE  XXXIV. 

RETURNS  OF  PROPERTY. 

372.  All  public  property,  whether  paid  for  or  not,  must  be  ac¬ 
counted  for  on  the  proper  returns.  All  public  property  un¬ 
accounted  for  when  discovered  by  an  accountable  officer  will  be 
taken  up  and  the  usual  returns  rendered  therefor.  When  dis¬ 
covered  by  officers  not  accountable  for  that  class  of  property,  or 
by  enlisted  men  or  civilian  employees,  they  shall  report  the  same 
as  soon  as  practicable  to. an  officer  so  accountable,  who  will  take  it 
up  and  account  for^it.  In  the  absence  of  such  an  accountable 
officer  the  senior  officer,  enlisted  man  or  civilian  employee  present 
will  take  charge  of  such  property  and  report  it  to  the  Adjutant- 
General  of  North  Carolina,  with  a  view  to  its  proper  disposition. 

373.  All  property  of  whatever  description  purchased  out  of  any 
public  funds  by  authority  of  any  council  of  administration,  or  by 


REGULATIONS  EOR  THE  N.  C.  NATIONAL  GUARD. 


135 


any  other  officer  or  officers,  and  all  property  commonly  known  as 
“company  property”  or  “regimental  property,”  is  property  of  the 
State  of  North  Carolina  and  will  be  carried  on  the  proper  property 
returns  of  the  officer  in  whose  care  or  custody  the  property  may 
be,  except  such  property  as  is  expendable  in  ordinary  service  or 
business  of  the  organization.  Whenever  necessary  to  transfer  this 
property  in  the  case  of  retirement,  resignation,  relief  from  com¬ 
mand  or  any  other  reason,  this  property  will  be  transferred  in  the 
manner  prescribed  for  all  public  property.  Should  any  council  of 
administration  at  any  time  order  the  sale  of  any  such  property, 
the  money  derived  from  the  sale  thereof  will  be  covered  back  into 
the  incidental  fund  controlled  by  such  council  of  administration. 

A  certified  copy  of  the  deposit  slip  from  the  bank  where  such  fund 
is  deposited,  attached  to  a  list  of  the  articles  sold,  and  the  amounts 
received  therefor,  will  be  a  voucher  to  and  authority  for  dropping 
from  the  accountable  officer’s  next  returns  of  property. 

374.  An  officer  accountable  for  the  public  property  of  two  or 
more  companies  will  account  for  that  pertaining  to  each  sepa¬ 
rately. 

375.  An  officer  will  be  relieved  from  accountability  for  public  Relief  from 
property  by  showing  receipts  for  the  property  from  another  officer  accountabllity. 
authorized  to  receive  the  same,  by  being  authorized  to  drop  it  on 

report  of  an  inspector  of  a  survey  presenting  certificates  of  ex¬ 
penditure,  or  by  presenting  such  evidences  of  settlement  as  are 
required  in  cases  of  property  damaged,  lost,  destroyed,  etc. 

376.  Vouchers  for  issues  or  expenditures  of  property  not  author¬ 
ized  by  regulations  will  be  accompanied  by  copies  of  the  orders 
directing  the  issues  or  expenditures.  [A.  R.  700.] 

377.  An  officer  will  have  credit  for  an  expenditure  of  property 
made  in  obedience  to  the  order  of  his  commanding  officer.  If  the 
expenditure  is  disallowed,  it  will  be  charged  to  the  officer  who 
ordered  it.  [A.  R.  701.]  • 

378.  Public  property  expended  in  the  military  service  must  be  Expendable 
accounted  for  by  affidavit  or  the  certificate  of  a  commissioned  ^°perty  accounted 
officer  or  other  satisfactory  evidence. 

379.  When  an  enlisted  man  has  by  a  court-martial  been  con¬ 
victed  of  losing  or  damaging  public  property,  the  officer  account¬ 
able  for  the  property  will  send  with  his  property  return  a  certified 
copy  of  so  much  of  the  court-martial  order  as  refers  to  the  case, 
giving  number,  date  and  place  of  issue  of  the  order,  and  stating  on 
the  face  of  said  copy  the  rolls  on  which  the  charges  are  made. 

[A.  R.  703.] 

380.  Should  an  officer  responsible  for  public  property  fail  to  ren- Failure  to  make 
der  the  prescribed  returns  thereof  within  a  reasonable  time,  a  set-  returns. 
tlement  of  his  accounts  wdll  be  made  by  the  Quartermaster-General 


136 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Separate  returns 
for  each  class. 


Verification  of 
property  on  hand. 


Examination. 


Returns  made 
annually. 


of  North  Carolina,  and  the  money  value  of  the  property  with 
which  he  is  charged  will  be  reported  against  him  for  stoppage 
against  his  bond. 

381.  All  returns  of  stores  or  supplies  will  be  rendered  as  re¬ 
quired  by  regulations  or  orders.  All  returns  must  be  made  in 
duplicate  and  each  copy  must  have  a  full  set  of  vouchers.  Vouch¬ 
ers  should  be  attached  to  the  returns  in  the  sequence  of  their  num¬ 
bers. 

382.  Separate  returns  will  be  made  for  all  Quartermaster,  Ord¬ 
nance,  Medical,  Signal,  Engineer,  Commissary  and  Naval  property 
for  which  an  officer  is  accountable  or  which  an  officer  may  find  in 
his  possession.  One  copy  is  forwarded  to  the  Quartermaster-Gen¬ 
eral,  the  other  is  retained  by  the  officer. 

383.  An  officer  accountable  for  public  property  will,  as  often  as* 
necessary,  by  actual  count,  verify  the  quantities  reported  on  hand, 
in  order  that  the  quantities  reported  as  on  hand  in  his  return  shall 
be  a  true  statement  of  his  accountability. 

384.  As  soon  as  possible  after  the  receipt  of  a  return  by  the 
Quartermaster-General,  it  will  be  examined  in  his  office,  and  the 
officer  making  the  return  will  be  notified  of  all  errors  and  irregu¬ 
larities  found  therein  and  granted  thirty  days  to  correct  them. 
Suspensions  or  disallowances  will  not  be  made  on  account  of  slight 
informalities  which  do  not  affect  the  validity  of  a  voucher,  but  the 
officer’s  attention  may  be  called  to  them.  Whenever  the  errors 
have  been  corrected  or  compensation  has  been  made  for  deficient 
articles,  the  return  will  be  regarded  as  settled  and  the  officer  who 
rendered  it  will  be  notified  accordingly. 

385.  If  the  necessary  corrections  in  the  returns  be  not  made 
within  the  prescribed  time,  the  facts  will  be  reported  to  the  Adju¬ 
tant-General  of  the  State  for  further  action. 


ARTICLE  XXXV. 

ACCOUNTABILITY. 

The  following  regulations  are  prescribed  to  govern  account¬ 
ability  for  military  stores  and  property  of  the  United  States 
in  the  hands  of  the  militia : 

386.  All  the  public  property  issued  to  the  organized  militia 
will  be  accounted  for  under  the  same  regulations  that  now  govern 
accountability  for  public  property  in  the  Army,  and  the  chiefs 
of  the  several  supply  departments  will  furnish  the  Governors  of 
the  several  States  and  Territories  and  the  commanding  general 


REGULATIONS  FOE.  THE  1ST.  C.  NATIONAL  GUARD. 


137 


of  the  National  Guard  of  the  District  of  Columbia  the  necessary 
blank  forms  for  making  the  required  returns  of  the  public  prop¬ 
erty  so  issued ;  returns  to  be  made  annually  on  the  31st  of 
December  of  each  year  and  sent  to  the  War  Department  for  ex¬ 


amination  and  settlement. 

387.  The  chiefs  of  the  various  supply  departments  will  issue 
the  necessary  instructions  for  the  safe-keeping,  preservation, 
and  accountability  of  all  public  property  issued. 

388.  Under  section  4  of  the  act  approved  June  22,  1906,  it  is  Disposition  of 
required  that  the  examination  of  unserviceable  or  unsuitable  pub-  property. 

lie  property  shall  be  made  at  least  annually  and  the  proceedings 
of  the  surveying  officers  of  the  militia  will  show  in  detail  op¬ 
posite  each  article  on  their  reports  in  what  respect  the  property 
is  unserviceable  or  unsuitable ;  also  indicating  in  each  case,  for 
the  guidance  of  the  Secretary  of  War,  the  disposition  which 
should  be  made  of  said  property.  Should  the  surveying  officer 
recommend  sale  of  the  property,  the  recommendation  will  state 
whether  by  auction  or  by  inviting  bids  from  dealers  or  others 
likely  to  purchase  said  articles,  stating  reasons ;  and  in  the  case 
of  any  public  property  rendered  unserviceable  through  causes 
other  than  the  ordinary  incidents  of  service,  the  surveying  of¬ 
ficer  will  investigate  and  report  the  causes  and  recommend  to  the 
Secretary  of  War  the  necessary  action  as  to  personal  responsibility 
for  the  damages  in  each  case. 

389.  The  surveying  officer  should  fully  investigate  matters  sub-  Duties  of 
mitted  to  him,  calling  for  all  evidence  attainable,  and  not  limit-  surveymg  officer- 
ing  his  inquiries  to  proofs  or  statements  presented  by  parties  in 

interest.  He  should  rigidly  scrutinize  the  evidence,  especially  in 
cases  of  alleged  theft  or  embezzlement,  and  not  recommend  the 
relief  of  officers  or  soldiers  from  responsibility  unless  fully  satis¬ 
fied  that  those  charged  with  the  care  of  the  property  have  per¬ 
formed  their  whole  duty  in  regard  to  it ;  hearing  in  person  or  by 
deposition  all  persons  concerned  in  the  subject-matter  before  him. 

390.  The  party  responsible  for  the  property  to  be  surveyed  will 
in  all  cases  furnish  original  certificates  or  affidavits  or  the  testi¬ 
mony  of  the  witnesses  upon  which  he  relies  to  relieve  him  from 
responsibility,  and  the  proper  number'  of  duly  attested  copies  of 
such  affidavits  should  accompany  the  report. 

391.  As  said  section  4  provides  that,  if  it  shall  appear  that  the  Property  destroyed 
loss  or  destruction  of  property  was  due  to  carelessness  or  that  les^ne^s.0^6" 

its  loss  could  have  been  avoided  by  the  exercise  of  reasonable 
care,  the  money  value  thereof  shall  be  charged  against  the  allot¬ 
ment  to  the  States  or  Territories  under  section  1661  of  the  Re¬ 
vised  Statutes  as  amended,  it  is  suggested  that  officers  responsible 


138 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Classification  of 
lost  and  damaged 
property. 


Sale  of  condemned 
property. 


Proceeds  of  sale  to 
be  deposited. 


Report  of  sale  of 

condemned 

property. 


for  property  should  be  bonded  and  charged  for  any  damage  to 
or  loss  or  destruction  of  the  same  and  the  money  value  deducted 
from  any  pay  for  military  services  that  may  become  due  them, 
unless  they  shall  show  to  the  satisfaction  of  the  proper  State 
authorities  by  their  own  affidavits  or  certificates  or  by  one  or 
more  depositions  that  the  damage,  loss,  or  destruction  was  oc¬ 
casioned  by  unavoidable  causes  and  without  fault  or  neglect,  on 
their  part. 

392.  With  a  view  to  aiding  surveying  officers  in  the  perform¬ 
ance  of  their  duties,  the  following  classification  of  the  causes 
of  damage  to  and  of  loss  and  destruction  of  military  property 
are  published : 

1.  Unavoidable  causes,  being  those  over  which  the  re¬ 
sponsible  officers  have  no  control,  occurring  (a)  in  the 
ordinary  course  of  service,  or  (ft)  as  incident  to  active 
field  service;  (c)  accident  or  destruction  without  fault  or 
neglect  of  responsible  officer. 

2.  Avoidable  causes,  being  those  due  to  carelessness, 
willfulness,  or  neglect. 

393.  The  order  of  the  Secretary  of  War  directing  a  sale  of  con¬ 
demned  property  will  indicate  the  method  of  advertisement,  which 
will  generally  be  by  means  of  circulars  posted  in  public  places  and 
sent  by  mail  to  dealers  and  others  likely  to  purchase ;  but  if 
advertisement  in  newspapers  is  indicated,  the  provisions  of  Army 
Regulations  498  to  505  apply,  and  request  for  special  authority 
to  advertise  must  be  made  upon  prescribed  forms,  designating 
the  newspapers  in  which  advertisement  is  desired. 

394.  The  net  proceeds  of  a  sale  of  condemned  property,  except 
subsistence  supplies,  after  deducting  necessary  and  reasonable 
expenses  of  advertising  and  auctioneer’s  fees,  will  be  deposited 
by  the  Governor,  or  by  the  commanding  general  of  the  National 
Guard  of  the  District  of  Columbia,  in  a  United  States  depository 
to  the  credit  of  the  Treasurer  of  the  United  States ;  if  received 
from  sales  of  condemned  supplies,  the  funds  must  be  deposited 
as  “miscellaneous  receipts  on  account  of  proceeds  of  Government 
property” ;  if  from  sales  of  condemned  ordnance  stores,  the  de¬ 
posit  must  be  made  on  account  of  “sales  of  condemned  ordnance 
stores.”  Funds  received  from  the  sale  of  condemned  subsistence 
supplies  must  be  deposited  to  the  credit  of  the  appropriation  “Sub¬ 
sistence  of  the  Army,  190  ,”  (appropriation  current  at  the  date 
of  sale). 

395.  Immediately  after  a  sale  of  condemned  property  an  item¬ 
ized  report  will  be  made  by  the  Governor,  or  by  the  commanding 
general  of  the  National  Guard  of  the  District  of  Columbia,  to  the 
chief  of  the  bureau  to  which  the  property  pertains,  showing  date- 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


139 


and  place  of  sale,  quantity  and  kind  of  articles  sold,  prices  ob¬ 
tained,  names  of  purchasers,  expenses  of  sale,  and  gross  and  net 
proceeds,  accompanied  by  a  copy  of  the  order  authorizing  the 
sale,  and  receipted  vouchers  for  expenses  of  sale.  The  report  to 
the  Quartermaster-General  will  be  made  on  Form  No.  94,  Quar¬ 
termaster’s  Department,  “Account  of  sales  at  auction” ;  that  to  the 
Chief  of  Ordnance  on  Form  No.  272,  “Abstract  of  sales,  Ordnance 
Department” ;  that  to  the  Commissary-General  on  Form  No.  44, 

“Sales  at  auction” ;  that  to  the  Surgeon-General  on  Forms  Nos. 

15  and  16 ;  that  to  the  Chief  of  Engineers  on  Form  No.  27,  “Ac¬ 
count  of  sales  at  auction,”  and  that  to  the  Chief  Signal  Officer  on 
Form  No.  214,  “Inventory  of  property  sold,”  and  Form  No.  215, 

“Account  of  sales” ;  all  in  duplicate. 

RESPONSIBILITY  FOR  PUBLIC  PROPERTY. 

396.  Every  officer  and  enlisted  man  to  whom  public  property  of  Personal  responsi- 
the  State  has  been  issued  shall  be  personally  responsible  to  the  1 1  y  or  Pr°Perty- 
State  for  such  property,  and  no  one  shall  be  relieved  from  such 
responsibility,  except  it  be  shown  to  the  satisfaction  of  the  Gov¬ 
ernor  that  the  loss  or  destruction  of  such  property  was  unavoid¬ 
able  and  in  no  way  the  fault  of  the  person  responsible  for  the 

same ;  in  all  other  cases  the  value  of  the  property  lost  or  de¬ 
stroyed  shall  be  charged  against  the  person  at  fault  or  to  the 
organization  to  which  it  had  been  issued,  and  such  person  or 
organization,  if  not  relieved  from  such  charge  by  the  Governor, 
shall  pay  the  value  of  such  property  to  the  Adjutant-General  within 
two  years  after  such  loss  or  destruction.  The  value  of  lost  or 
destroyed  property  and  the  person  or  organization  to  be  charged 
therewith  shall  be  determined  by  a  surveying  officer  duly  appointed 
by  the  commander-in-chief. 

397.  The  detention  of  or  refusal  to  give  up,  after  a  proper  and  Procedure  to 
reasonable  demand,  by  any  person  any  money  or  other  property  secure  arres  * 
belonging  to  any  organization,  shall  be  grounds  for  the  proper  of¬ 
ficer  of  that  organization  proceeding  by  filing  necessary  affidavits 

with  a  mayor  or  justice  of  the  peace,  to  secure  the  arrest  and  con¬ 
viction  of  the  person  unlawfully  detaining  or  refusing  to  give  up 
such  money  or  property. 

398.  Officers  and  enlisted  men  of  the  organized  militia  who  Property  appro- 
appropriate  to  their  own  use  any  government  property  shall  be  P^atedforPersonal 
held  accountable  in  either  military  or  civil  courts  as  may  seem 

proper  under  the  circumstances.  Officers  may  request  directions 
as  to  method  of  proceeding. 

399.  Officers  accountable  for  military  property  kept  in  any  Burglary  in 
building  which  may  have  been  burglarized,  immediately  upon  dis-  armories- 


140 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


covery  of  such  burglary,  will  take  the  necessary  steps  to  ap¬ 
prehend  the  burglar  and  to  recover  the  property  by  filing  the 
necessary  affidavits  with  the  proper  civil  officers  and  furnishing 
other  evidence. 


ARTICLE  XXXVI. 

SURVEYS  ON  PROPERTY. 


Application  for 
surveys. 


Oaths. 


Survey  officer 
cannot  condemn. 


400.  Public  property  which  has  been  lost  or  destroyed,  or  has 
become  unserviceable  or  unsuitable  from  use  in  service,  or  from 
any  other  cause,  will  be  surveyed  by  a  disinterested  officer  of  the 
organized  militia,  to  be  appointed  by  the  Governor  of  the  State. 

401.  The  responsible  or  interested  officer  will  furnish  with  his 
application  for  a  survey  his  certificate  of  facts  and  circum¬ 
stances,  supported  by  the  sworn  testimony  of  witnesses  or  by  the 
affidavits  of  enlisted  men  or  others  who  are  cognizant  thereof. 
In  cases  where  the  property  in  question  has  been  previously  acted 
upon,  the  officer  making  the  investigation  will  be  so  informed  and 
the  previous  report  will  be  considered. 

402.  The  proper  officers  to  administer  oaths  are  judge-advo¬ 
cates  general,  judge-advocates  of  courts-martial,  the  trial  officers 
of  summary  courts,  and,  in  cases  of  investigation,  the  officer  de¬ 
tailed  to  conduct  the  investigation,  or  the  recorder,  and  if  there 
be  none,  the  presiding  officer  of  any  board  appointed  for  such 
purpose.  When  none  of  these  are  within  reach  and  available,  re¬ 
course  must  be  had  to  a  notary  public  or  other  civil  officer  com¬ 
petent  to  administer  oaths  for  general  purposes. 

403.  The  surveying  officer  cannot  condemn  public  property.  His 
action  is  purely  advisory.  He  will  ascertain  and  report  facts, 
submitting  opinions  and  making  recommendations  upon  questions 
of  responsibility  which  may  arise  through  accident,  mistake  or 
neglect.  For  example,  he  investigates  and  determines  questions 
involving  the  character,  amount  and  cause  of  damage  or  deficiency 
which  public  property  may  have  sustained  in  transit,  store  or  use, 
and  which  is  not  the  result  of  ordinary  wear  and  tear  of  the  ser¬ 
vice,  and  reports  the  investigation  made,  his  opinions  thereon,  and 
fixes  responsibility  for  such  damage  or  deficiency  upon  the 
proper  party.  He  makes  inventories  of  property  ordered  to  be 
abandoned  when  the  articles  have  not  been  enumerated  in  the 
orders  for  abandonment.  He  verifies  the  discrepancy  between  in¬ 
voices  and  the  actual  quantity  or  description  of  property  trans¬ 
ferred  from  one  officer  to  another,  fixes  definitely  amounts  re¬ 
ceived  for  which  the  receiving  officer  mhst  receipt,  and  ascertains, 
as  far  as  possible,  where  and  how  the  discrepancy  has  occurred. 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


141 


404.  When  the  approved  report  of  a  surveying  officer  holds 
common  carriers  or  persons  not  in  the  military  service  of  the  State 
of  North  Carolina  responsible  for  the  loss  of  or  damage  to  public 
property  or  stores,  the  Adjutant-General  of  North  Carolina  will  at 
once  take  steps  to  make  collection  from  the  parties  so  held. 

405.  Properly  approved  reports  of  surveys  of  property  may  be 
submitted  as  vouchers  to  property  returns.  They  are  not  to  be 
considered  as  conclusive  until  approved  by  the  Secretary  of  War. 


ARTICLE  XXXVII. 

CONDEMNATION  OF  PROPERTY. 

406.  Inspectors  will  exercise  great  care  in  examining  property 
submitted  to  them  for  condemnation  and  in  making  recommen¬ 
dations  regarding  its  disposition.  Articles  “to  be  continued  in 
service”  are  such  as  are  still  serviceable.  Those  “to  be  dropped” 
from  the  returns  are  such  as  cannot  be  sold  at  the  post  and  are 
not  worth  cost  of  transportation  to  the  State  Arsenal  for  repair. 
If  worthless,  they  must  be  so  far  destroyed  as  to  prevent  any  pos¬ 
sibility  of  future  presentation.  Such  articles  as  cannot  be  de¬ 
stroyed  will,  when  practicable,  be  marked  “I.  C.”  (inspected — con¬ 
demned),  or  will  be  broken  up  and  the  serviceable  parts  retained. 
Should  the  inspector’s  recommendation  be  disapproved  in  regard 
to  articles  marked  “I  C.”  the  marks  will  be  cancelled  and  a  cer¬ 
tificate  of  the  fact  given  to  the  responsible  officer.  Those  “to  be 
turned  into  depot”  are  such  "as  cannot  be  repaired  at  the  post  and 
are  worth  cost  of  transportation.  Small  arms  found  to  be  unfit 
for  service  will  be  turned  into  the  State  Arsenal. 

407.  Public  property  in  use  will  not  be  reported  as  unservice¬ 
able  nor  condemned  by  an  inspector  merely  because  worn  or 
shabby  in  appearance  when  really  strong  and  serviceable.  [A.  R. 
916.] 

408.  Great  care  will  be  taken  to  prevent  property  once  con¬ 
demned  and  ordered  dropped  from  the  returns  from  being  again 
presented  for  inspection.  When  public  property  is  presented  to  an 
army  inspector  for  condemnation  the  officer  responsible  will  certify 
on  the  inventory  that  the  property  has  not  been  previously  con¬ 
demned.  [A.  R.  917.] 

409.  The  annual  report  of  the  Quartermaster-General  will  con¬ 
tain  a  complete  statement  in  detail  of  the  condemned  property  for 
the  year,  with  the  money  value  thereof,  credited  on  the  accounts 
of  responsible  officers. 


Duties  of 
inspectors. 


Second  condemna¬ 
tion  prohibited. 


142 


REGULATIONS  FOR  THE  1ST.  C.  NATIONAL  GUARD. 


Bonds  required. 


Disposition  of 

condemned 

property. 


Public  funds. 


Treasurers. 


410.  When  it  shall  appear  on  the  30th  day  of  December  from  the 
records  in  his  office  that  an  officer  is  charged  with  property 
which  is  not  accounted  for  as  required,  the  Quartermaster-General 
shall  make  a  detail  report  of  same  in  his  annual  report  to  the 
Governor. 

411.  Bonds  will  be  required  of  all  officers  who  are  responsible 
for  public  property. 

412.  The  amount  of  bonds  will  be  fixed  by  the  Adjutant-General. 

413.  Property  will  not  be  issued  to  an  officer  until  his  bond  has 
been  accepted  by  the  Adjutant-General. 

414.  Bonds  will  not  be  accepted  by  the  Adjutant-General  until 
they  are  approved  by  the  chief  of  the  department  by  which  the 
property  is  issued. 

415.  Orders  for  the  final  disposition  of  condemned  property 
will  be  issued  by  the  Adjutant-General  of  the  State  on  the  in¬ 
spection  reports,  each  copy  being  made  complete  in  itself.  One  will 
be  forwarded  to  the  Quartermaster-General  and  the  others  to  the 
accountable  officer,  who  will  forward  one  with  his  return  of  prop¬ 
erty  and  file  the  other  with  his  retained  papers. 


ARTICLE  XXXVIII. 

PUBLIC  MONEY. 

416.  All  moneys,  from  whatever  source  derived,  pertaining  to 
or  supplied  for  the  use  of  any  organization  in  the  National  Guard, 
are,  as  regards  responsibility  and  accountability,  public  funds. 

417.  The  regimental  treasurer  is  the  custodian  of  the  public 
money  in  the  regimental  fund ;  this  fund  includes  all  money  per¬ 
taining  to  regimental  headquarters  and  band;  and  donations,  con¬ 
tributions  and  collections  from  any  source. 

418.  The  company  treasurer  is  the  custodian  of  the  public 
money  in  the  company  fund ;  this  fund  accrues  from  amounts 
transferred  by  commanding  officers  for  care  of  State  property  and 
as  balances  from  armory  funds ;  from  subscriptions  of  contributing 
members ;  from  fines  and  dues  of  active  members  and  from  do¬ 
nations,  contributions  and  collections  from  any  source. 

419.  Money  appropriated  by  the  State  must  be  expended  or 
accounted  for  as  required  by  law. 

420.  Involving  the  State  in  any  contract  for  future  payment 
of  money  in  excess  of  appropriations  is  prohibited. 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


143 


421.  Funds  pertaining  to  the  National  Guard  shall  not  be  re- Disbursements, 
ceived,  held  or  disbursed  by  anyone,  except  a  commissioned  officer 

who  is  under  bond,  as  required  by  law  and  regulations. 

422.  An  officer  accountable  for  public  funds,  desiring  to  resign,  Final  return 

to  retire  or  to  be  relieved  from  such  accountability,  will  transfer  etc°re  resignatl01 

all  funds  in  his  possession  to  an  officer  designated  by  higher 

authority  as  soon  as  the  officer  so  designated  shall  have  given 

required  bond.  He  will  then  render  a  complete  and  final  return 

of  all  receipts  and  disbursements  since  his  last  annual  report, 

together  with  receipts  for  all  moneys  disbursed  and  transferred. 

423.  When  a  bonded  officer  is  relieved  and  his  successor  has  Certified  checks, 
not  qualified,  the  former  will  forward,  through  military  channels, 

a  certified  check,  made  payable  to  the  Adjutant-General  of  the 
State,  for  the  balance  of  his  account. 

424.  Each  treasurer  will  keep  in  the  treasurer’s  book  a  full  Treasurer’s  book, 
and  itemized  account,  showing  all  receipts  and  expenditures  in 

behalf  of  his  organization,  stating  date,  name  and  amount  in  each 
case. 

425.  Each  treasurer  will  balance  his  account  on  the  last  day  of  Treasurer’s 

reports. 

each  year,  and  also  whenever  relieved  from  duty  as  treasurer, 
and  at  other  times  make  written  report  of  the  state  of  the  finances 
to  the  council  of  administration,  setting  forth  the  balance  on  hand 
at  date  of  last  account;  the  itemized  expenditures  and  receipts, 
with  dates,  names,  and  amounts  and  vouchers  in  each  case,  and 
the  balance  on  hand  at  date  of  report.  A  statement  of  outstand¬ 
ing  indebtedness  and  of  amounts  due  the  fund  will  be  added  to 
the  report.  The  treasurer’s  book,  when  properly  kept,  should 
fulfill  all  the  requirements  of  this  report. 

426.  Supplies  will  be  procured  by  purchasing  officers  only  after  Method  of 
inviting  proposals  for  the  same.  The  method  and  extent  of  notice  purchase* 
inviting  proposals,  as  well  as  the  time  intervening  between  first 
notice  and  opening  of  proposals,  shall  be  determined  and  desig¬ 
nated  by  the  officer  making  the  purchase,  unless  otherwise  or¬ 
dered.  In  every  case,  all  parties  concerned  with  a  purchase  shall 
exercise  the  greatest  diligence  and  their  best  judgment  to  properly 
protect  the  State,  to  effect  economy  and  to  subserve  the  interests 

of  the  service. 

427.  An  open-market  purchase  of  supplies  or  engagement  of  Open-market 
services  is  one  made  without  advertising,  and  is  authorized  in  the  purchases- 
following  cases: 

1.  In  an  emergency,  as  when  the  public  exigencies  require  im¬ 
mediate  delivery  or  performance  and  there  is  no  time  to  advertise 
by  newspapers,  posters  or  circulars. 

2.  When  it  is  impracticable  to  secure  competition. 


144 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Copies  for 

ad j  utant-general . 


Proposals  and 
awards. 


Three  forms  of 
purchase. 


3.  When  proposals  have  been  invited  and  none  have  been  re¬ 
ceived. 

4.  When  proposals  are  above  the  market  price  or  otherwise  un¬ 
reasonable.  [A.  R.  549.] 

428.  Before  making  a  purchase  in  open  market  the  officer  will 
inform  himself  concerning  prevailing  prices  by  inquiry  among 
principal  dealers  in  his  locality.  [A.  R.  550.] 

429.  When  advertisements  or  specifications  thereunder  do  not 
announce  fixed  standards  for  articles  required,  they  should  be  so 
worded  as  to  permit  bids  to  be  considered  item  by  item,  and 
awards  to  be  made  for  the  most  suitable  articles  of  each  kind 
offered.  [A.  R.  521.] 

430.  A  copy  of  each  advertisement,  notice  and  specification  will 
be  forwarded  by  the  officer  issuing  it  direct  to  the  Adjutant- 
General  of  North  Carolina,  together  with  all  information  re¬ 
quired  for  a  complete  understanding  of  the  nature  and  necessity 
for  the  proposed  contract  or  purchase,  and  in  case  of  notice  by 
circular,  there  will  be  indorsed  on  it  the  names  of  persons  to 
whom  sent. 

431.  In  so  far  as  they  are  applicable,  the  provisions  of  the  Army 
Regulations  governing  “proposals  and  awards,”  unless  modified 
by  orders  of  the  Adjutant-General’s  Department  of  North  Caro¬ 
lina,  shall  obtain  in  the  purchase  of  supplies  and  engagement  of 
services  in  the  National  Guard. 

432.  A  purchase  of  supplies  or  engagement  of  services  will  be 
made : 

1.  By  contract,  “reduced  to  writing  and  signed  by  the  contract¬ 
ing  parties  with  their  names  at  the  end  thereof.”  Agreements 
of  this  character  only  are  termed  “contracts”  in  these  regulations. 
This  method  will  be  used  when  delivery  or  performance  does  not 
immediately  follow  an  award  or  bargain. 

2.  By  written  proposal  and  written  acceptance.  This  method 
may  be  resorted  to  when  delivery  or  performance  immediately  fol¬ 
lows  award  or  bargain,  or  when  specifically  authorized. 

3.  By  oral  agreement.  This  method  may  be  used  under  circum¬ 
stances  indicated  in  paragraph  427,  if  delivery  or  performance  im¬ 
mediately  follow  the  agreement. 


PART  IV 


ACTIVE  SERVICE. 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


147 


ARTICLE  XXXIX. 


N  AID  OF  THE  CIVIL  AUTHORITIES. 


433.  The  National  Guard  is  a  constitutional  and  most  impor-  National  Guard  to 

insure  safety  to 

tant  department  of  the  State  government,  its  function  being,  person  and  prop- 


finally,  to  insure  the  perpetuity  of  the  State  as  an  organization  poweTfaHs?™1 
by  enabling  the  executive  department  of  the  State  government  to 
faithfully  execute  the  laws  provided  by  the  legislative  branch. 

The  National  Guardsman  must,  therefore,  always  remember  that 
it  is  upon  him,  when  the  civil  power  has  failed,  the  State  relies 
for  the  vindication  of  its  laws  and  institutions,  imperiled  from 
whatever  cause. 

The  service  which  the  Guardsman  is  thus  called  upon  to  render 
to  the  State  is  invariably  of  the  most  delicate  and  difficult  char¬ 
acter,  requiring  from  him  the  highest  type  of  patriotic  devotion 
to  public  welfare,  a  thorough  knowledge  of  his  duties  and  re¬ 
sponsibilities  and  also  that  he  should  constantly  maintain  a  state 
of  efficiency  and  preparedness  which  would  insure  intelligent  and 
prompt  response  when  called  upon  by  the  civil  authorities. 

434.  A  thorough  knowledge  of  the  duties  to  be  performed  be- Schools  for  instruc- 
gets  confidence  and  self-reliance — qualities  of  inestimable  value  fatfng  toUactiv? " 
in  the  military  commander.  Officers  and  men,  therefore,  should  service  to  be  held* 
be  frequently  assembled  for  theoretical  and  practical  instruction 

in  subjects  relating  to  their  duties  when  acting  in  aid  of  the  civil 
authorities.  The  course  of  instruction  should  embrace  rules  and 
systems  for  hasty  mobilization ;  equipment  and  dress  for  riot 
service ;  transportation  arrangements,  including  the  difficulties 
which  may  be  experienced  when  detraining  after  arriving  in  a 
riotous  district;  methods  of  progressing  through  the  streets  of  a 
city  wherein  a  mob  has  displaced  the  civil  authority  and  finally 
such  tactical  problems  as  might  be  encountered  in  service  of  this 
character. 

435.  Regimental  and  battalion  commanders  should  have  on  file  Rosters  of  officers 
at  their  headquarters  complete  rosters  of  the  commissioned  offi-  headquarters 
cers  of  their  respective  organizations,  showing  their  business  and 

residence  addresses,  together  with  telephone  numbers  and  any 
other  data  which  may  be  of  assistance  in  locating  officers  when 
their  services  are  hastily  required. 

436.  Company  commanders  should  have  posted  in  their  armories  company  com¬ 
at  all  times  full  and  complete  rosters  of  their  organizations,  with  manders  to  ar- 

range  systems 

every  possible  detail  of  information  which  will  be  of  service  in  for  hasty 
locating  and  notifying  the  members  of  their  commands  and  which 
will  assist  in  their  rapid  mobilization,  whenever  their  services 


mobilization. 


148 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Guardsmen  to  take 
prudent  prelim¬ 
inary  steps  for 
hasty  mobilization 
when  call  is  ap¬ 
prehended. 


Rigid  discipline 
and  exemplary  con¬ 
duct  required  when 
in  active  service. 


are  required.  This  roster  should  disclose  the  residence  addresses, 
places  of  employment,  whether  day  or  night;  telephone  numbers 
(if  without  telephone  service  the  number  of  the  nearest  neighbor¬ 
ing  telephone  should  be  noted)  ;  places  where  habitually  found, 
together  with  any  other  data  or  information  which  may  be  service¬ 
able.  The  company  should  be  properly  squaded,  each  man  hav¬ 
ing  a  list  of  the  squad  to  which  he  is  assigned,  containing  also 
the  data  above  suggested.  Arrangements  should  be  made  by  com¬ 
manding  officers  for  riot  signals  to  be  sounded  by  fire  alarm,  court¬ 
house  or  town  hall  bells,  or  by  steam  whistle — one  or  the  other  of 
which  may  be  found  at  every  company  station.  The  methods 
herein  set  forth  are  merely  suggested,  the  plan  to  be  adopted  in 
each  case  being  left  to  the  judgment  of  the  responsible  officer. 
The  adoption,  however,  of  some  effective  system  for  hasty  mobil¬ 
ization,  which  shall  be  thoroughly  known  and  understood  by  the 
members  of  his  command,  is  enjoined  upon  each  company  com¬ 
mander,  and  failure  to  comply  with  the  requirements  of  this  para¬ 
graph  will  subject  the  officer  to  charges  of  gross  neglect  of  duty. 

437.  When  insurrection  is  threatened  or  when  there  is  reason¬ 
able  apprehension  on  his  part  that  riot,  tumult  or  mob  is  likely  to 
menace  public  peace  and  security  and  set  at  defiance  the  civil 
authority,  it  is  the  duty  of  the  National  Guardsman  to  take  such 
prudent  precautionary  steps  and  measures  as  are  necessary  to 
insure  speedy  and  effective  assistance,  should  such  be  demanded 
by  the  civil  authority.  While,  in  the  absence  of  specific  orders  to 
perform  such  service,  a  commanding  officer  is  not  authorized  to 
parade  or  even  assemble  his  command  for  purposes  of  intimida¬ 
tion  or  of  exerting  a  moral  effect,  nevertheless,  when,  from  com¬ 
mon  knowledge,  intimation  or  suggestion  from  civil  officials  or 
from  any  creditable  sources  of  information,  he  has  reason  to  be¬ 
lieve  that  the  services  of  his  command  will  be  required  by  those 
authorized  to  demand  such  service,  it  is  his  duty  to  diligently 
avail  himself  of  every  proper  means  which  will  facilitate  prompt 
mobilization  of  his  command  after  receiving  lawful  orders  to  do 
so.  It  is  also  his  duty,  in  times  of  actual  or  threatened  public 
disorder,  to  take  all  necessary  precautions  looking  to  the  safety 
and  security  of  the  arms,  stores  and  other  military  and  public 
property  entrusted  to  his  care  and  keeping. 

438.  The  peculiar  character  of  service  which  the  National  Guard 
is  required  to  perform,  when  acting  in  aid  of  the  civil  authority, 
demands  enforcement  of  the  most  rigid  military  discipline  and 
such  exemplary  conduct  on  the  part  of  officers  and  men  as  will 
command  the  respect  and  confidence  of  the  people.  Enrollment 
as  a  soldier  has  relieved  him  from  none  of  the  duties  or  obliga- 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


149 


tions  of  citizenship.  In  volunteering  his  services  as  a  Guardsman 
he  is  exemplifying  the  highest  type  of  public  duty  which  the  citi¬ 
zen  can  render  his  State;  hence,  the  importance  and  lofty  charac¬ 
ter  of  his  calling  demand  that  the  Guardsman  on  duty  should 
not  only  present  the  ideal  soldier,  but  also  that  his  conduct  and 
deportment  should  be  such  as  will  preclude  criticism,  and  which 
will  increase  the  forcefulness  of  his  efforts  to  demand  similar 

conduct  from  others.  As  a  special  aid  to  this  end,  commanding  Use  of  intoxicating 
^  ...I.,  ,  .  ,  liquors  prohibited. 

officers  will,  while  engaged  in  suppressing  domestic  disturbances, 
prohibit  the  use  of  intoxicating  liquors,  except  when  used  upon 
the  recommendation  of  a  medical  officer. 

439.  Upon  receiving  orders  to  act  in  aid  of  the  civil  authority,  Acknowledging 
unless  such  orders  are  received  in  person  from  the  official  issuing  recelpt  of  cal1' 
same,  commanding  officers  should  immediately,  by  telegraph,  tele¬ 
phone  or  other  expeditious  means,  acknowledge  receipt  thereof, 

thus  assuring  the  officer  making  the  call,  and  to  whom  such  infor¬ 
mation  may  be  of  the  greatest  importance,  that  his  orders  have 
been  received  by  the  military  officer.  When  a  call  emanates  from 
the  Governor,  the  Adjutant-General’s  Department  should  be 
promptly  and  fully  advised  concerning  important  incidents  and 
developments  connected  with  the  service  being  performed. 

440.  The  commanding  officer  should  endeavor  to  keep  in  close  Commanding  offi- 
telephonic  or  telegraphic  communication  with  the  official  to  whom  tILScommmdca- 
he  is  ordered  to  report,  advising  him  as  to  the  progress  of  the  w£h  ?fficial  to 
movement  ordered,  the  probable  time  of  departure  from  home  report, 
station  and  arrival  at  the  designated  point,  and  also  of  the  route 

traveled.  He  should  request  the  civil  official  to  keep  him  fully 
advised  as  to  conditions  at  the  seat  of  trouble  and  to  report,  if 
possible,  important  developments.  He  should  also  request  the 
civil  official  to  meet  the  troops  in  person  upon  their  arrival  or  to 
have  present  a  deputy  or  other  duly  authorized  representative 
who,  to  insure  identification,  should  be  able  to  present  written 
advices  over  the  official  signature  of  the  civil  officer  as  to  his 
personality. 

441.  Troops  ordered  into  service  by  the  civil  authorities  should  “Emergency  am- 
always  be  supplied  with  sufficient  ammunition.  Commanding  offi-  ^bepreserved.17 
cers  should,  therefore,  at  all  times,  preserve  a  supply  of  ammuni¬ 
tion  (500  rounds),  to  be  known  and  designated  as  “emergency 
ammunition,”  which  should  be  used  for  no  other  purpose.  Failure 

to  comply  with  the  provisions  of  this  requirement  may  result  in 
disaster  to  the  command  involved,  as  well  as  to  the  public  inter¬ 
ests,  and  will  subject  the  responsible  officer  to  most  serious 
charges. 


150 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Provision  should 
be  made  for  secur¬ 
ing  information 
concerning  move¬ 
ments  of  mob. 


Commanding  offi¬ 
cers  may  arrest 
and  detain  rioters. 


442.  Commanding  officers  of  troops  acting  in  aid  of  the  civil 
authorities  should  detail  officers  or  enlisted  men  to  accompany  or 
precede  the  troops,  in  civilian  dress,  for  the  purpose  of  securing 
information  and  performing  such  other  duty  as  may  be  necessary 
to  the  success  of  their  operations  and  which,  for  obvious  reasons, 
could  not  be  accomplished  by  soldiers  in  uniform.  Care  should 
be  taken  that  only  men  of  good  address  and  judgment  be  selected 
for  this  important  service.  When  a  command  is  ordered  to  report 
for  duty  at  some  distant  city  or  locality,  officers  or  men  employed 
in  this  service  should  be  immediately  sent  to  the  scene  of  trouble 
for  the  purpose  of  securing  information  which  will  be  of  service 
to  the  troops  upon  their  arrival.  A  cipher  code  should  be  used  to 
insure  secrecy  in  the  transmission  of  telegraphic  or  other  mes¬ 
sages. 

443.  Commanding  officers  may  cause  the  troops  to  arrest  all 
rioters  and  other  persons  found  in  open  resistance  to  the  civil 
authorities,  or  who,  by  words  or  actions,  are  encouraging  such  re¬ 
sistance  or  are  endeavoring  to  incite  the  mob  to  deeds  of  violence. 
If  police  or  other  civil  peace  officers  are  available,  they  should 
be  employed  in  making  such  arrests,  under  protection  of  the 
troops,  who  should  always  insure  the  success  of  their  efforts.  If 
police  or  other  civil  peace  officers  are  not  available,  or  if,  from 
indifference  or  other  cause  they  refuse  or  neglect  to  act,  the  com¬ 
manding  officer  should  detail  members  of  his  force  to  make  such 
arrests.  Persons  so  arrested  may  be  turned  over  to  the  civil 
authorities  or  they  may  be  held  or  incarcerated  by  the  troops  and 
detained  until  such  time  as  it  may  appear  to  the  commanding  offi¬ 
cer  that  their  release  will  in  no  wise  menace  public  peace  and 
security,  nor  interfere  with  the  success  of  his  operations.  But 
they  are  not  authorized  to  punish  any  person  for  an  offense,  how¬ 
ever  amenable  he  may  be  to  punishment,  this  duty  belonging  to 
the  courts  of  justice. 

444.  Commanding  officers  should  be  careful  to  avoid  giving  the 
impression  that  the  troops  are  to  be  subjected  to  abuse  or  made 
targets  of  without  opportunity  for  defense  or  retaliation.  Neither 
strict  justice  nor  public  policy  demands  that  the  legal  agents  of  the 
State  passively  submit  to  indignities  or  physical  injury  while  en¬ 
gaged  in  their  lawful  and  necessary  functions  and  duties.  Officers 
should,  therefore,  be  prompt  to  forcibly  resist  every  attack  made 
upon  the  troops  by  a  mob.  Under  no  circumstances  are  the  troops 
to  fire  into  a  crowd  without  orders,  except  that  designated  sharp¬ 
shooters  may  shoot  down  individual  rioters  who  have  fired  upon 
or  thrown  missiles  at  the  troops.  The  safe  rule  to  be  followed  by 
military  commanders,  when  acting  in  aid  of  the  civil  authorities 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


151 


or  in  the  suppression  of  domestic  disturbances,  is  to  use  no  un¬ 
necessary  force,  but  to  employ  all  the  force  of  whatever  kind  that 
may  be  necessary  to  accomplish  the  object  for  which  their  services 
have  been  required. 

445.  If,  after  being  called  into  service,  no  instructions  be  given  In  conflict  of  jur- 
to  the  military  commander  by  the  civil  officer,  or  if  there  be  a  commander  t^as- 
conflict  of  jurisdiction  between  public  officers  authorized  to  call  sume  entire  con" 
to  their  aid  the  military  force,  and  who  shall  make  such  call ;  or 

if  contradictory,  inconsistent  or  unlawful  directions  shall  be  given 
by  such  officer  or  officers,  the  military  commander  will,  if  the  occa¬ 
sion  shall  require  the  use  of  a  military  force,  himself  so  direct 
the  troops  as  to  secure  the  public  peace  and  the  due  observance 
of  the  law,  agreeably  to  the  call  made  upon  him  by  the  civil 
authority.  Under  conditions  such  as  are  herein  described,  the 
military  commander  should  immediately  advise  the  Governor  of 
the  situation  and  receive  instructions  from  him  as  to  the  method 
of  procedure ;  but  until  such  instructions  shall  have  been  received 
or  until  specific  and  proper  orders  are  received  from  a  lawful 
authority,  the  military  commander  will  continue  to  control  and 
govern  affairs  in  such  manner  as  will  secure  safety  to  person  and 
property  and  due  observance  of  law. 

446.  The  Governor,  as  chief  executive  officer  of  the  State,  takes  Governor  takes 

.  precedence  over  all  other  State  officials,  when  considering  the  Jtherlftate  officials 
possible  conditions  under  which  the  services  of  the  National  as  executive  officer. 
Guard  may  be  required  to  enable  the  civil  authorities  to  execute 
the  laws.  Therefore,  whenever  a  conflict  of  jurisdiction  arises, 
after  troops  have  been  ordered  into  service  by  any  competent 
authority,  it  is  the  duty  of  the  military  commander  to  receive 
and  execute  such  orders  as  he  may  receive  from  the  Governor, 
and  to  look  to  him  only  for  instructions  and  direction  as  to  the 
services  to  be  performed. 

447.  After  having  been  called  into  service  by  the  Governor,  offi-  Military  not  with- 
cers  will  not,  except  as  hereinbefore  provided,  permit  their  com-  OTde^edUbyofficial 
mands  to  be  relieved  from  duty  by  any  authority  other  than  the  makins  calk 
Governor.  If,  for  instance,  an  officer  should  be  ordered  by  the 
commander-in-chief  to  report  to  the  mayor  of  a  municipality  to 

act  in  his  aid  and  the  military  commander,  upon  arriving  at  the 
designated  point  and  reporting,  should  be  informed  by  the  mayor 
that  the  services  of  his  command  were  not  required,  the  command¬ 
ing  officer,  before  leaving  the  scene,  should  inform  the  commander- 
in-chief  of  the  situation  and  await  his  orders  to  do  so  before 
taking  any  steps  toward  the  withdrawal  of  his  command  from  the 
locality. 


152 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Troops  to  report 
immediately  upon 
receiving  call. 


Military  officer  to 
retain  command 
of  and  direct 
troops. 


Warning  mob  to 
disperse. 


Troops  to  fire 
if  attacked  or 
.resisted . 


Order  to  fire  given 
by  superior  officer 
present. 


448.  The  law  invests  the  Governor  with  full  authority  to  call 
upon  the  military  commander  for  the  services  of  the  troops 
under  his  command  whenever,  in  the  judgment  of  the  civil  of¬ 
ficer,  the  public  interests  may  demand  such  action ;  and  it  is  the 
absolute  duty  of  the  military  officer  to  immediately  comply  there¬ 
with.  The  Governor  alone  is  to  judge  of  the  necessity  for  the 
call  and  he  is  not  required  to  state  his  reasons  therefor  to  the 
military  commander. 

449.  The  instructions  of  the  civil  officers  are  given  in  general 
terms,  directing  the  military  officer  to  disperse  rioters  or  clear  a 
place,  or  protect  a  building,  an  individual  or  individuals,  or  to 
insure  safety  to  person  and  property,  or  to  enforce  due  observance 
of  law.  But  the  civil  officer  is  not  authorized  to  interfere  in  any 
way  with  the  formation  or  details  of  the  force  or  its  method  of 
procedure.  The  military  officer  being  held  responsible  for  the 
success  of  thfe  operation  to  be  undertaken,  it  is  for  him  alone  to 
judge  in  what  manner  the  troops  shall  effect  the  object  which  the 
civil  officer  has  indicated,  and  to  direct  the  force  in  the  execution 
of  the  service  in  which  it  is  engaged. 

450.  Commanding  officers,  when  ordered  to  disperse  a  tumult 
or  riotous  assemblage,  will,  unless  special  exigencies  should  inter¬ 
vene,  observe  the  following  method  of  proceeding :  On  approaching 
the  place  where  the  mob  is  congregated  or  the  riot  is  progressing, 
the  military  officer  in  command  will  request  the  civil  officer  to 
give  notice,  in  a  loud  tone  of  voice,  requiring  all  persons  so  as¬ 
sembled  to  disperse  forthwith.  Unless  such  notice  is  given  by  the 
civil  officer,  the  military  officer  will,  himself,  cause  such  notice 
to  be  given.  After  waiting  a  suitable  time  to  allow  the  mob  or 
rioters  to  disperse,  troops  will  advance  and  clear  the  place  or 
disperse  the  rioters.  In  this  effort  they  will  obtain,  if  possible, 
the  active  aid  of  the  civil  force,  and  especially  the  personal 
presence  and  authority  of  the  civil  authorities.  If  the  troops 
shall  then  be  attacked  or  resisted,  so  as  to  be  unable  otherwise 
to  clear  the  ground  or  disperse  the  rioters,  they  may  fire  or  use 
any  other  means  necessary  to  attain  the  end  desired;  but  in  no 
case  will  they  fire  without  the  orders  of  their  proper  military 
commander. 

451.  The  order  to  fire  will  be  communicated  to  the  troops 
by  the  superior  military  officer  in  command  on  the  spot.  It  is 
impossible  to  specify  in  advance  the  particulars  or  the  nature  of 
each  case  of  resistance  or  attack  by  rioters  or  persons  engaged 
in  a  breach  of  the  peace,  which  will  justify  the  troops  in  taking 
life.  His  honest  and  reasonable  judgment,  in  a  case  of  ap¬ 
parent  necessity,  is  all  that  is  required  by  the  law ;  and  his  law- 


REGULATIONS  FOR  TIIE  N.  C.  NATIONAL  GUARD. 


153 


ful  command  will  be  sufficient  protection  to  all  who  are  subject 
to  his  orders. 

452.  By  the  laws  of  the  land,  homicide  or  the  taking  of  human 
life  is  justifiable  when  necessarily  committed  by  public  officers 
and  those  acting  under  their  command  in  their  aid  and  assistance, 
in  overcoming  resistance  to  the  execution  of  legal  process,  or  to 
the  discharge  of  any  other  legal  duty;  and  it  is  justifiable  when 
necessarily  committed  by  any  person  in  attempting  by  lawful 
ways  and  means  to  apprehend  any  person  for  any  felony  commit¬ 
ted  or  in  lawfully  suppressing  any  riot  or  in  lawfully  keeping 
and  preserving  the  peace. 

453.  The  rule  of  the  law  is  that  all  persons  who  by  their  pres¬ 
ence  give  countenance  to  a  riot  are  principals,  whether  they  en¬ 
gage  in  acts  of  violence  or  not,  especially  after  notice  given  to 
disperse ;  yet,  it  often  happens  that  a  large  proportion  of  a  mob 
are  in  the  first  instance  mere  spectators  or  idlers,  not  meaning 
to  aid  in  a  breach  of  the  peace.  For  this  reason  officers  are  en¬ 
joined,  unless  the  exigencies  of  the  case  should  render  it  im¬ 
practicable,  or  as  otherwise  provided,  to  give  the  required  notice 
and  opportunity  to  disperse  before  proceeding  to  extremities,  to 
the  end  that  all  those  who  are  well  disposed  may  retire  in  safety. 

454.  As  far  as  practicable  in  every  case  of  firing,  pains  will 
be  taken  to  make  it  effective  only  as  against  those  who  are 
actually  engaged  in  the  riot.  If  the  mob  be  close  to  the  troops  the 
aim  should  be  taken  no  higher  than  the  center  of  the  body ;  if 
very  close  it  should  be  still  lower,  to  guard  against  danger  to 
innocent  persons  in  the  distance. 

455.  The  troops  are  authorized  to  defend  from  attack  or  ag¬ 
gression  their  persons,  their  arms  and  any  place  or  building  in 
which  they  may  be  stationed ;  in  case  of  any  sudden  onset  on  the 
troops,  or  any  place  or  building  occupied  by  them,  or  other  urgent 
circumstances  requiring  instant  attack  or  resistance,  the  notice  or 
other  measures  preliminary  to  the  action  may  be  dispensed  with ; 
the  order  to  fire  in  this  case  will  be  given  by  the  military  com¬ 
mander  on  the  spot. 

456.  Experience  having  shown  the  evil  results  of  firing  with 
blank  cartridges  in  attempts  to  suppress  riots,  such  firing  is  pro¬ 
hibited.  The  only  eventually  merciful  measures  are  the  severe 
ones,  and  officers  commanding  troops  engaged  in  the  suppression  of 
riots  or  the  enforcement  of  law  will  have  the  troops  understand 
that  in  event  of  their  being  ordered  to  fire  upon  the  mob  it  must  be 
done  in  the  most  effective  manner. 

457.  The  Constitution  of  the  State,  Article  XII,  section  3,  pro¬ 
vides  that  “the  Governor  shall  be  commander-in-chief,  and  shall 


Taking  life  justi¬ 
fiable  in  suppress¬ 
ing  riot. 


Rule  of  law, 
all  persons  en¬ 
couraging  mob  by 
presence  are 
principals. 


Warning  to  dis¬ 
perse  may  be 
omitted  in 
emergency. 


Use  of  blank  cart¬ 
ridges  prohibited. 


Power  to  call  out 
militia. 


154 


REGULATIONS  FOR  THE  N.  C.  NATIONAL  GUARD. 


Troops  called  on  by 
civil  authorities. 


Call  to  be  made  in 
writing. 


Duty  of  post  com¬ 
mander. 


have  power  to  call  out  the  militia  to  execute  the  law,  suppress 
riots  or  insurrection,  and  to  repel  invasion.” 

458.  In  all  cases  where  the  civil  authorities  call  upon  com¬ 
manding  officers  to  aid  them  with  troops,  the  commanding  officer 
should  at  once  apply  to  the  Governor  for  orders.  Until  orders 
from  the  Governor  are  received,  the  commanding  officer  places 
his  command  under  the  direction  of  civil  authority  (judge,  sheriff 
or  mayor),  as  a  part  of  the  posse  comitatus. 

459.  Commanding  officers  when  called  upon  by  the  civil  author¬ 
ities,  will  require  the  call  to  be  made  in  writing  and  signed  of¬ 
ficially. 

460.  When  any  civil  officer  vested  with  authority  to  call  for  the 
services  of  the  troops  shall  make  such  call,  the  post  commander  to 
whom  such  request  shall  be  addressed  will  forthwith  comply  with 
the  same,  and  report  his  action  immediately  to  the  commander-in¬ 
chief  or  the  Adjutant-General  by  telegraph,  to  be  followed  as  soon 
as  possible  by  a  full  report.  When  this  request,  by  inadvertence 
or  otherwise,  is  made  of  any  subordinate  officer  of  the  post,  he 
shall  immediately  order  the  troops  to  assemble,  and  he  shall  then 
report  to  the  post  commander  with  such  request,  and  in  the  en¬ 
forcement  of  the  civil  law  all  subordinate  military  officers  shall  be 
subject  to  the  orders  of  the  post  commander,  acting  under  the 
orders  of  the  civil  authorities. 


INDEX. 


Par,  Page. 

Accountability  for  public  property .  386-399  136-140 

Aid  of  the  civil  authorities .  433-460  147-154 

Articles  of  War .  27-47 

Care  and  custody  of  public  property .  334-338  129 

Chaplain  .  87-92  70 

Classification  of  public  property . . .  321-331  127-129 

Command  .  34-39  64-65 

Condemnation  of  property .  406-415  141-142 

Correspondence  and  record-keeping .  291  % -320  103-124 

Councils  of  Administration .  162-176  83-85 

Deceased  soldiers .  122-124  76 

Deserters .  125-131  76-77 

Discharges  .  132-135  77-78 

Enlistments .  99-113  71-75 

Flags,  colors,  standards  and  guidons .  332-334  129 

Furloughs  . 119-121  75-76 

Guards  .  247  95 

Honors,  courtesies  and  ceremonies .  196-246  88-95 

Inspector  General’s  Department .  248-265  95-99 

Issues  of  public  property .  338-350  129-131 

Military  discipline .  19-26  60-61 

North  Carolina  statutes .  9-26 

Officers . 40-87  65-70 

Organization . 4-18  51-60 

Post  non-commissioned  staff .  95-99  .  71 

Precedence  of  regiments  and  corps .  27-28  61-62 

Procedure  of  military  courts  and  boards .  266-281  99-101 

Public  money  .  416-433  142-144 

Public  property,  accountability  and  responsibility .  354-371  132-134 

Rank  and  precedence  of  officers  and  non-commissioned 

officers  .  28-33  62-64 

Regiments  and  battalions . : .  136-142  78-80 

Returns  of  property .  372-385  134-136 

Roster,  detachment  and  daily  service .  177-195  85-88 

Small-arms  practice  and  care  of  accouterments .  282-291  101-103 

Surveys  on  property .  400-406  140-141 

Transfer  of  enlisted  men .  114-118  75 

Troops,  batteries  and  companies .  143-161  80-83 

Turning  in  public  property .  350-354  131-132 

Veterinarians  .  92-94  70 


1915 

SUPPLEMENT 

TO  THE 


REGULATIONS 


OF  THE 


North  Carolina  National  Guard 


RALEIGH,  N.  C., 
SEPT.  1,  1915 


RALEIGH 

Edwards  &  Broughton  Printing  Company 
State  Printers  and  Binders 
1915 


PART  I 


NORTH  CAROLINA  STATUTES 
ARTICLES  OF  WAR 


Note — Reference  herein  is  made  to  Sections  and  Paragraphs  amended  or  changed 
to  date.  Where  no  change  is  made  the  Regulations  of  1907  remain  in  full  force. 

Section  4865,  Chapter  102,  Revisal  of  1905,  page  11,  Regula¬ 
tions,  is  amended  by  Section  4865,  Chapter  47,  Acts  of  1913,  to 
read  as  follows: 

The  Administrative  Staff  shall  consist  of  an  adjutant  general 
with  the  rank  of  brigadier  general;  one  chief  of  quartermaster 
corps,  one  chief  of  ordnance,  one  inspector  general,  one  surgeon 
general,  one  chief  of  engineers,  one  judge  advocate  general,  one 
paymaster  general,  each  with  the  rank  of  colonel.  The  Com- 
mander-in-Chief  may  appoint  additional  assistants  to  each  of  said 
officers  with  the  rank  not  higher  than  that  of  lieutenant-colonel, 
if  in  his  judgment  it  is  for  the  best  interest  of  the  service. 

Section  4867,  Chapter  102,  Revisal  of  1905,  page  12,  Regula¬ 
tions,  is  amended  by  Section  4867,  Chapter  47,  Acts  of  1913,  to 
read  as  follows: 

The  Chief  of  quartermaster  corps.  First.  There  shall  be  one 
chief  of  the  quartermaster  corps,  with  the  rank  of  colonel,  to  be 
appointed  by  the  Commander-in-Chief.  The  Commander-in-Chief 
may  appoint  such  assistants  to  the  chief  of  quartermaster  corps 
as  he  may  deem  proper  for  the  best  interest  of  the  service.  These 
officers  shall  be  appointed  and  commissioned  by  the  Governor 
upon  the  recommendation  of  the  chief  of  quartermaster  corps,  and 
shall  at  the  time  of  their  appointment  be  officers  in  active  service 
in  the  National  Guard  of  the  State,  and  shall  be  entitled  to  the 
rights  and  privileges  of  officers  of  the  National  Guard  of  cor¬ 
responding  rank.  The  chief  of  quartermaster  corps  shall  have 
the  necessary  clerks  and  employees,  not  exceeding  four,  and  as 
many  general  service  corps  men  and  laborers  as  may  be  required 
from  time  to  time.  The  clerks  and  employees  shall  be  appointed 
and  the  laborers  hired  with  the  approval  of  the  Governor  by  the 
chief  of  quartermaster  corps.  The  chief  of  quartermaster  corps, 
under  the  direction  of  the  Commander-in-Chief,  shall  be,  and  he 
is  hereby  authorized  to  appoint  such  laborers  as  may  be  neces- 


4 


1915  SUPPLEMENT 


sary  from  time  to  time,  who  shall  be  known  as  the  general  serv¬ 
ice  corps. 

Second.  The  chief  of  quartermaster  corps  may  require  his 
assistants  to  give  bonds  with  sufficient  surety  in  not  exceeding 
ten  thousand  ($10,000)  dollars  each  to  the  people  of  the  State, 
conditioned  for  the  faithful  performance  of  their  duties,  such 
bonds  to  be  approved  by  the  Governor  and  Adjutant  General,  and 
filed  in  the  latter’s  office. 

Note.  Section  4867,  by  virtue  of  the  provisions  of  Section 
4883,  Chapter  47,  Acts  of  1913,  which  reads  as  follows:  “The  Gov¬ 
ernor  shall  have  the  right  and  power  and  IT  SHALL  BE  HIS 
DUTY  from  time  to  time  to  make  such  additional  orders  with 
regard  to  the  organization,  armament,  equipment,  and  discipline 
of  the  organized  militia  as  shall  at  all  times  cause  it  to  comply 
with  the  requirements  by  law  of  the  United  States  governing  the 
organized  militia  of  the  several  States.”  As  will  therefore  be 
seen  it  is  the  duty  of  the  Governor  of  North  Carolina  as  Com- 
mander-in-Chief  of  the  organized  militia  of  North  Carolina,  to 
issue  such  orders  from  time  to  time  embodying  the  orders  issued 
by  the  War  Department  governing  the  organized  militia.  On 
August  1,  1913,  the  Secretary  of  War,  by  orders  duly  issued  and 
published,  prescribed  the  organization  of  the  organized  militia  of 
the  several  states  in  which  the  Administrative  Staff  of  the  sev¬ 
eral  states  was  fixed,  and  the  rank  of  the  officers  of  the  Adminis¬ 
trative  Staff  fixed  proportionate  to  the  strength  of  the  organized 
militia  of  the  several  states.  Following  this  order  of  the  War 
Department,  known  as  Circular  No.  8,  Division  of  Militia  Affairs, 
War  Department,  the  Governor  of  North  Carolina,  as  Commander- 
in-Chief  of  the  organized  militia  of  North  Carolina,  issued  General 
Orders  No.  34,  A.  G.  O.,  Raleigh,  N.  C.,  December  30,  1913.  Refer¬ 
ence  is  hereby  made  to  this  order,  which  rescinds  and  annuls  Sec¬ 
tion  4867,  Revisal  of  1905,  page  12,  Regulations.  For  further 
reference  to  the  legality  of  these  provisions  see  case  of 

Houston  v.  Moore,  5  Wheat.,  51. 

It  will  also  be  noted  that  the  above  order  also  rescinds  and 
annuls  Section  4865,  Chapter  47,  Acts  of  1913,  in  so  far  as  it 
affects  the  organized  militia. 

Section  4869,  Chapter  102,  Revisal  of  1905,  page  14,  Regulations, 
is  amended  by  Section  4869,  Chapter  47,  Acts  of  1913,  by  substi¬ 
tuting  in  line  two  the  word  “debarred”  for  the  word  “disabled.” 

Section  4877,  Chapter  102,  Revisal  of  1905,  page  88,  Regulations, 
is  amended  by  Section  4877,  Acts  of  1913,  as  follows: 


1915  SUPPLEMENT 


5 


The  third  paragraph  of  said  Section  is  amended  by  inserting 
the  following  instead  of  the  text  of  said  paragraph  in  the  Regu¬ 
lations:  “Courts-martial  shall  have  the  power  to  try  any  officer 
or  enlisted  man  for  any  violation  of  any  of  the  articles  of  war 
of  the  United  States,  of  any  Statute  of  the  State  of  North  Carolina 
regulating  the  government  of  the  militia,  and  upon  conviction 
when  not  in  active  service,  may  dishonorably  discharge  the  per¬ 
son  so  convicted  from  the  service,  or  may  impose  a  fine  not  ex¬ 
ceeding  fifty  ($50)  dollars,  or  may  imprison  for  a  period  of  thirty 
days  the  person  so  convicted,  or  both,  and  the  commitment  of  the 
president  of  such  courts  in  such  cases  shall  be  duly  recognized 
by  the  sheriff  or  such  county  in  which  the  organization  is  located 
of  which  the  person  so  convicted  is  a  member:  Provided,  that  this 
section  shall  not  be  construed  to  be  a  limitattion  on  the  rights  of 
courts-martial  when  on  active  service  as  to  the  punishment  in¬ 
flicted. 

Section  4882,  Chapter  47,  Acts  of  1913,  under  title  of  Additional 
Organizations,  provides: 

The  Governor  is  hereby  empowered  to  organize  such  additional 
companies,  troops,  batteries  or  other  organizations  conforming  to 
the  regulations  of  the  War  Department  or  laws  of  the  State  as  he 
may  deem  necessary  for  the  efficiency  of  the  active  militia. 

Section  4899,  Chapter  102,  Revisal  of  1905,  pages  19  and  20, 
Regulations,  is  amended  by  Section  4998,  Acts  of  1913,  as  follows: 

There  shall  be  allowed  annually  to  the  commander  of  the 
brigade  of  infantry,  to  each  colonel  of  an  infantry  regiment,  and 
to  the  captain  of  the  naval  brigade,  the  sum  of  two  hundred 
($200)  dollars,  and  to  the  commander  of  the  coast  artillery  corps 
the  sum  of  one  hundred  ($100)  dollars,  with  which  to  defray  the 
necessary  expenses  of  their  respective  offices.  There  shall  be 
allowed  likewise  annually  to  each  company  of  infantry,  each  com¬ 
pany  of  coast  artillery,  each  battery  of  field  artillery,  each  troop 
of  cavalry,  each  division  of  naval  militia,  each  band  of  the 
infantry  regiments,  each  signal  corps  company,  each  company  of 
engineers,  and  of  the  field  hospital  corps,  which  complies  with  the 
law  and  regulations  of  the  State  not  exceeding  in  number  so 
many  as  may  be  recommended  by  the  War  Department  of  the 
United  States  for  the  organized  militia  of  the  several  states,  to  be 
applied  to  the  payment  of  necessary  current  expenses  the  sum  of 
two  hundred  and  fifty  ($250)  dollars,  respectively.  Each  hospital 
corps  or  ambulance  company  shall  receive  two  hundred  and  fifty 
($250)  dollars  per  annum  for  like  purposes.  Every  enlisted  man 
shall  receive  twenty-five  (25)  cents  for  each  drill  participated  in 


6 


1915  SUPPLEMENT 


by  him  at  the  home  station  of  his  organization,  not  exceeding  two 
drills  per  month,  payments  to  be  made  semi-annually  upon  cer¬ 
tificate  of  the  organization  commander  furnished  to  the  Adjutant- 
General  in  such  manner  as  from  time  to  time  may  be  prescribed 
by  the  Adjutant-General.  The  commanding  officer  of  each  com¬ 
pany  of  infantry  and  artillery,  and  each  troop  of  cavalry  and  each 
division  of  naval  militia  shall  he  paid  annually  the  sum  of  one 
hundred  ($100)  dollars,  to  be  paid  in  semi-annual  installments  of 
fifty  ($50)  dollars  each.  The  quartermaster  sergeant  of  each  com¬ 
pany  of  infantry  and  troop  of  cavalry  and  company  or  battery  of 
artillery  shall  likewise  receive  the  sum  of  fifty  ($50)  dollars  each, 
to  be  paid  in  semi-annual  installments  of  twenty-five  ($25)  dollars. 
Company,  battery  and  division  commanders  shall  file  with  the  pay¬ 
master-general  on  the  first  of  December  each  year  an  itemized 
statement  of  all  receipts  and  disbursements  of  said  funds.  All 
amounts  herein  authorized  shall  be  paid  in  semi-annual  install¬ 
ments,  and  no  payment  shall  be  made  unless  all  drills  and  parades 
required  by  law  are  duly  performed  by  all  organizations  named. 
All  organizations  of  the  land  and  naval  forces  shall  be  located  on 
lines  of  railroad,  steamboat  or  telegraphic  communication.  No 
larger  amount  shall  be  paid  out  annually  for  the  support  and 
maintenance  of  the  guard,  including  salaries  and  office  expenses, 
than  the  sum  of  fifty  thousand  ($50,000)  dollars. 

Section  4900,  Chapter  102,  Revisal  of  1905,  page  20,  Regulations, 
is  amended  by  Section  4999,  Chapter  47,  Acts  of  1913,  by  substitut¬ 
ing  in  line  four  “chief  of  quartermaster  corps”  for  “quartermaster 
general.” 

Section  4904,  Chapter  102,  Revisal  of  1905,  page  20,  Regulations, 
is  amended  by  Section  5003,  Chapter  47,  Acts  of  1913,  as  follows: 

Field  officers  of  separate  corps  and  battalions  and  of  correspond¬ 
ing  grades  in  the  naval  brigade  shall  be  elected  by  the  commis¬ 
sioned  officers  of  the  separate  corps  and  naval  brigade;  and  com¬ 
pany,  battery,  troop  and  naval  division  officers  shall  be  elected  by 
the  enlisted  men  of  such  company,  battery,  troop  and  naval  divi¬ 
sion  at  such  time  and  place  as  may  be  fixed  by  the  Commander-in- 
Chief;  and  such  officers  shall  hold  office  until  vacancies  occur, 
either  by  promotion,  resignation,  removal,  or  death.  The  regi¬ 
mental  staff  officers  shall  be  nominated  by  the  permanent  com¬ 
mander  thereof. 

Following  Section  4913,  Chapter  102,  Revisal  1905,  page  22,  Reg¬ 
ulations,  insert  the  following: 

Section  1,  Chapter  103,  Acts  of  1913.  That  all  active  members 
of  the  National  Guard  of  North  Carolina,  who  comply  with  and 


1915  SUPPLEMENT 


7 


perform  all  duties  required  of  them  as  members  of  said  National 
Guard  be,  and  they  are  hereby  exempted  from  duty  upon  the 
public  roads  of  the  counties  in  which  they  reside,  and  shall  also 
be  exempt  from  service  as  jurors. 

Section  2,  Chapter  103,  Acts  of  1913.  That  on  the  first  day  of 
January  and  July  of  each  year,  beginning  with  the  first  day  of 
July,  one  thousand  nine  hundred  and  thirteen,  the  commanding 
officer  of  each  company,  troop,  battery,  or  division  of  the  National 
Guard  of  North  Carolina,  residing  in  the  above  mentioned  coun¬ 
ties,  shall  file  with  the  clerk  of  the  superior  court  of  the  county 
in  which  said  company,  troop,  battery,  or  division  is  located,  a 
statement  giving  the  names  and  rank  of  each  member  of  his 
organization  who  has  performed  all  military  duties  required  of 
such  member  during  the  preceding  six  months,  and  any  mem¬ 
ber  of  such  military  organization  whose  name  shall  not  appear 
upon  said  statement  shall  not  receive  the  benefit  of  the  exemp¬ 
tion  provided  in  section  one  hereof  during  the  six  months  imme¬ 
diately  following  the  filing  of  said  statement. 

Section  3,  Chapter  103,  Acts  of  1913.  That  all  laws  and  clauses 
of  laws  in  conflict  with  the  provisions  of  this  act  are  hereby  re¬ 
pealed. 

Section  1  o’f  An  Act  to  amend  Chapter  103  of  the  Public  Laws 
of  North  Carolina,  1913,  by  adding  at  the  end  of  Section  3  of  said 
act  the  following:  Provided,  that  no  part  of  this  act  shall  be 
construed  as  repealing,  abridging  or  in  any  way  affecting  sections 
four  thousand  nine  hundred  and  fourteen  and  four  thousand  nine 
hundred  and  fifteen  of  the  Revisal  of  1908. 

Immediately  following  Section  4916,  Regulations,  insert: 

CHAPTER  258,  ACTS  OF  1915. 

An  Act  to  Amend  Section  1318  of  the  Revisal  of  1905. 

Whereas,  the  several  counties  of  the  State  have  been  making 
appropriations  to  the  several  bodies  of  the  National  Guard  in 
the  State  and  doubt  has  arisen  as  to  their  authority  to  make 
these  appropriations;  and 

Whereas,  it  is  desirable  that  the  Board  of  County  Commission¬ 
ers  of  the  several  counties  should  have  the  power  to  make  such 
appropriations  to  the  various  organizations  in  their  respective 
counties  as  the  Board  of  County  Commissioners  may  deem  wise, 
therefore 


8 


1915  SUPPLEMENT 


The  General  Assembly  of  North  Carolina  do  enact: 

Section  1.  That  Section  one  thousand  three  hundred  and  eigh¬ 
teen  of  the  Revisal  of  one  thouusand  nine  hundred  and  five  be 
and  the  same  is  hereby  amended  by  adding  as  subsection  the  fol¬ 
lowing: 

To  appropriate  such  sums  of  money  to  the  various  organiza¬ 
tions  of  the  National  Guard  in  their  county  and  at  such  times 
as  the  Board  may  deem  proper. 

ARTICLES  OF  WAR. 

Article  1. 

Section  1342,  U.  S.  Revised  Statutes. 

Article  72,  page  38,  Regulations,  Repealed,  Act  of  March  2,  1913. 

Article  73,  page  38,  Regulations,  Repealed,  Act  of  March  2,  1913. 

Article  75,  page  38,  Regulations,  Repealed,  Act  of  March  12,  1913. 

Article  80,  page  39,  Regulations,  Repealed,  Act  of  June  18,  1898. 
Article  81,  page  40,  Regulations,  Repealed,  Act  of  March  2,  1913. 

Article  82,  page  40,  Regulations,  Repealed,  Act  of  March  2,  1913. 

Article  83,  page  40,  Regulations,  Repealed,  Act  of  March  2,  1913. 

Article  94,  page  42,  Regulations,  Repealed,  Act  of  March  2,  1901. 

Article  110,  page  44,  Regulations,  Repealed,  Act  of  June  18,  1898. 
Article  123,  page  45,  Regulations,  Repealed,  Act  of  March  8,  1910. 

Section  1202,  Revised  Statutes. 

Every  judge  advocate  of  a  court-martial  shall  have  power  to 
issue  the  like  process  to  compel  witnesses  to  appear  and  testify 
which  courts  of  criminal  jurisdiction  within  the  State,  Territory, 
or  District  where  such  military  courts  shall  be  ordered  to  sit, 
may  lawfully  issue. 

That  whenever,  by  any  of  the  articles  of  war  for  the  govern¬ 
ment  of  the  army  the  punishment  on  conviction  of  any  military 
offense  is  left  to  the  discretion  of  the  court-martial,  the  punish¬ 
ment  thereof  shall  not,  in  time  of  peace,  be  in  excess  of  a  limit 
which  the  President  may  prescribe. 

Section  2.  ,  That  whenever  a  court-martial  shall  sit  in  closed 
session,  the  judge  advocate  shall  withdraw,  and  when  his  legal 
advice  or  assistance  in  referring  to  record  evidence  is  required, 
it  shall  be  obtained  in  open  court. 

Section  3.  That  fraudulent  enlistment,  and  the  receipt  of  any 
pay  or  allowance  thereunder,  is  hereby  declared  a  military  offense 
and  made  punishable  by  court-martial  under  the  sixty-second 
article  of  war. 


1915  SUPPLEMENT 


9 


Section  4.  That  judge  advocates  of  departments  and  of  courts- 
martial,  and  the  trial  officers  of  summary  courts,  are  hereby 
authorized  to  administer  oaths  for  the  purpose  of  the  adminis¬ 
tration  of  military  justice  and  for  other  purposes  of  military  ad¬ 
ministration. 

Act  of  March  2,  1901,  31  U.  S.  Revised  Statutes,  950. 

Insert  as  follows: 

Section  3.  That  the  commanding  officers  authorized  to  approve 
the  sentences  of  summary  courts  and  superior  authority  shall 
have  power  to  remit  or  mitigate  the  same. 

Section  4.  That  post  and  other  commanders  shall,  in  time  of 
peace,  on  the  last  day  of  each  month,  make  a  report  to  the  de¬ 
partment  headquarters  of  the  number  of  cases  determined  by 
summary  court  during  the  month,  setting  forth  the  offenses  com¬ 
mitted  and  the  penalties  awarded,  which  report  shall  be  filed  in 
the  office  of  the  judge  advocate  of  the  department  and  may  be 
destroyed  when  no  longer  in  use. 

Section  5.  That  soldiers  sentenced  by  court-martial  to  dis¬ 
honorable  discharge  and  confinement  shall,  until  discharged  from 
such  confinement,  remain  subject  to  the  Articles  of  War  and  other 
laws  relating  to  the  administration  of  military  justice. 

Section  6.  That  it  shall  be  lawful  for  any  civil  officer  having 
authority  under  the  laws  of  the  United  States,  or  of  any  State 
or  Territory  or  District  to  arrest  offenders,  to  summarily  arrest 
a  deserter  from  the  military  service  of  the  United  States  and 
deliver  him  into  the  custody  of  the  military  authority  of  the  gen¬ 
eral  government. 

Act  of  March  2,  1913,  37  Revised  Statutes,  731. 

On  and  after  July  first,  nineteen  hundred  and  thirteen,  courts- 
martial  shall  be  of  three  kinds,  namely:  First,  general  courts- 
martial;  second,  special  courts-martial;  and  third,  summary 
courts-martial. 

General  courts-martial  may  consist  of  any  number  of  officers 
from  five  to  thirteen,  inclusive. 

Special  courts-martial  may  consist  of  any  number  of  officers 
from  three  to  five,  inclusive. 

A  summary  court-martial  shall  consist  of  one  officer. 

The  President  of  the  United  States,  the  commanding  officer  of  a 
territorial  division  or  department,  the  superintendent  of  the  Mili¬ 
tary  Academy,  the  commanding  officer  of  an  army,  a  field  army, 


10 


1915  SUPPLEMENT 


an  army  corps,  a  division,  or  a  separate  brigade,  and  when  em¬ 
powered  by  the  President,  the  commanding  officer  of  any  district 
or  of  any  force  or  body  of  troops,  may  appoint  general  courts- 
martial  whenever  necessary;  but  when  any  such  commander  is 
the  accuser  or  prosecutor  of  the  person  or  persons  to  be  tried 
the  court  shall  be  appointed  by  superior  competent  authority,  and 
no  officer  shall  be  eligible  to  sit  as  a  member  of  such  court 
when  he  is  the  accuser  or  a  witness  for  the  prosecution. 

The  commanding  officer  of  a  district,  garrison,  fort,  camp,  or 
other  place  where  troops  are  on  duty,  and  the  commanding  officer 
of  a  brigade,  regiment,  detached  battalion,  or  other  detached  com¬ 
mand,  may  appoint  special  courts-martial  for  his  command;  but 
such  special  courts-martial  may  in  any  case  be  appointed  by 
superior  authority  when  by  the  latter  deemed  desirable,  and  no 
officer  shall  be  eligible  to  sit  as  a  member  of  such  court  when  he 
is  the  accuser  or  a  witness  for  the  prosecution. 

The  commanding  officer  of  a  garrison,  fort,  camp,  or  other 
place  where  troops  are  on  duty,  and  the  commanding  officer  of  a 
regiment,  detached  battalion,  detached  company  or  other  detach¬ 
ment  may  appoint  summary  courts-martial  for  his  command;  but 
such  summary  courts-martial  may  in  any  case  be  appointed  by 
superior  authority  when  by  the  latter  deemed  desirable:  Pro¬ 
vided,  that  when  but  one  officer  is  present  he  shall  be  the  sum¬ 
mary  court-martial  for  that  command  and  shall  hear  and  deter¬ 
mine  cases  brought  before  him. 

General  courts-martial  shall  have  power  to  try  any  person  sub¬ 
ject  to  military  law  for  any  crime  or  offense  made  punishable  by 
the  Articles  of  War,  and  any  other  person  who  by  statute  or  by 
the  law  of  war  is  subject  to  trial  by  military  tribunals:  Provided, 
that  no  officer  shall  be  brought  to  trial  before  a  general  court- 
martial  appointed  by  the  superintendent  of  the  Military  Academy. 

Special  courts-martial  shall  have  power  to  try  any  person  sub¬ 
ject  to  military  law,  except  an  officer,  for  any  crime  or  offense 
not  capital,  made  punishable  by  the  Articles  of  War:  Provided, 
that  the  President  may  by  regulations,  which  he  may  modify 
from  time  to  time,  except  from  the  jurisdiction  of  special  courts- 
martial  any  class  or  classes  of  persons  subject  to  military  law. 

Special  courts-martial  shall  have  power  to  adjudge  punishment 
not  to  exceed  confinement  at  hard  labor  for  six  months  or  forfeit¬ 
ure  of  six  months  pay,  or  both,  and  in  addition  thereto  reduc¬ 
tion  to  the  ranks  in  cases  of  non-commissioned  officers,  and  re¬ 
duction  in  classification  in  the  cases  of  first-class  privates. 


1915  SUPPLEMENT 


11 


Summary  courts-martial  shall  have  power  to  try  any  soldier, 
except  one  who  is  holding  the  privileges  of  a  certificate  of  eligi¬ 
bility  to  promotion,  for  any  crime  or  offense  not  capital  made 
punishable  by  the  Articles  of  War:  Provided,  that  non-commis¬ 
sioned  officers  shall  not,  if  they  object  thereto,  be  brought  to 
trial  before  a  summary  without  the  authority  of  the  officer  com¬ 
petent  to  bring  them  to  trial  before  a  general  court-martial. 

Summary  courts-martial  shall  have  the  power  to  adjudge  pun¬ 
ishment  not  to  exceed  confinement  at  hard  labor  for  three 
months  or  forfeiture  of  three  months  pay,  or  both,  and  in  addi¬ 
tion  thereto  reduction  to  the  ranks  in  the  cases  of  non-commis¬ 
sioned  officers  and  reduction  in  classification  in  the  cases  of  first- 
class  privates:  Provided,  that  when  the  summary  court  officer  is 
also  the  commanding  officer  no  sentence  of  such  summary  court- 
martial  adjudging  confinement  at  hard  labor  or  forfeiture  of  pay, 
or  both,  for  a  period  in  excess  of  one  month,  shall  be  carried  into 
execution  until  the  same  shall  have  been  approved  by  superior 
authority. 

Article  2. 

Organization. 

Paragraph  7,  page  55,  Regulations,  is  amended  by  Field  Serv¬ 
ice  Regulations  1914  as  follows: 

Minimum  enlisted  strength  of 

Company  of  Infantry  is  65  enlisted  men,  composed  of  1  first 
sergeant,  1  company  quartermaster  sergeant,  4  sergeants,  6  cor¬ 
porals,  2  cooks,  1  artificer,  2  musicians,  48  privates. 

Troop  of  Cavalry  is  65  enlisted  men,  composed  of  1  first  ser¬ 
geant,  1  troop  quartermaster  sergeant,  6  sergeants,  6  corporals,  2 
cooks,  1  farrier,  1  horseshoer,  1  saddler,  1  wagoner,  2  trumpeters, 
43  privates. 

Company  of  Coast  Artillery  is  65  to  70  enlisted  men,  composed 
of  1  first  sergeant,  1  quartermaster  sergeant,  4  sergeants,  6 
corporals,  2  cooks,  2  mechanics,  2  musicians,  47  to  52  privates. 

Battery  of  Light  Artillery  is  133  enlisted  men,  composed  of 
2  scout  corporals,  signal  detail — 1  corporal,  2  privates,  mounted; 
1  first  sergeant,  1  quartermaster  sergeant,  1  stable  sergeant,  1 
chief  mechanic,  4  mechanics,  2  musicians,  3  cooks,  6  sergeants, 
4  corporal  gunners,  6  caisson  corporals,  42  drivers,  and  57  cannon¬ 
eers,  making  total  of  99  privates. 

Note.  A  company  of  engineers  is  not  authorized.  The  two 
units  authorized  are  (1)  Pioneer  Battalion  of  Engineers;  (2) 
Pontoon  Battalion  of  Engineers,  See  pages  16  and  17,  Tables  of 
Organization,  Organized  Militia,  1914. 


12 


1915  SUPPLEMENT 


Signal  Corps  Field  Company,  minimum  strength  75,  composed 
of  2  master  signal  electricians,  7  first-class  sergeants,  10  sergeants, 
17  corporals,  2  cooks,  24  first-class  privates,  13  privates.  This 
organization  is  divided  into  four  Wire  Sections  and  two  Radio 
Sections. 

Sanitary  Troops.  Sanitary  train  composed  of  4  ambulance  com¬ 
panies,  3  field  hospitals,  1  medical  reserve,  17  sergeants,  49 
sergeants  or  corporals,  83  first-class  privates,  133  privates.  Total 
275. 

Ambulance  Company.  Two  sergeants  first-class,  7  sergeants  or 
corporals,  1  acting  cook,  11  first-class  privates,  22  privates. 
Total  43. 

Field  Hospital.  Three  sergeants,  first-class;  6  sergeants  or  cor¬ 
porals,  1  acting  cook,  8  first-class  privates,  15  privates.  Total,  33. 

Regimental  Infirmary.  One  sergeant,  first-class;  3  sergeants  or 
corporals,  4  first-class  privates,  8  privates.  Total  16. 

Note.  See  page  20,  Tables  of  Organization,  organized  Militia, 
1914. 

THE  DIVISION. 

Paragraph  17,  page  59,  Regulations,  amended  by  the  following, 
commencing  line  seven  (7)  of  said  section: 


3 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

2 


Infantry  Division. 


Captains  . 

Colonel  . 

Major . 

Captain  . 

Major  . 

Lieutenant  Colonel 

Major . 

Major . 

Lieutenant  Colonel 

Captain . 

Lieutenant  Colonel 
Majors  . 


Aides. 

.Chief  of  staff. 

Assistant  chief  of  staff. 
Assistant  chief  of  staff. 
Adjutant. 

Inspector. 

Inspector. 

Judge  advocate 
,  Quartermaster. 

,  Quartermaster. 

. Surgeon. 

Surgeons. 


Article  5. 


Paragraph  30,  page  62,  Regulations,  amended  as  follows: 

1.  Lieutenant  General. 

2.  Major  General. 

3.  Brigadier  General. 

4.  Colonel. 

5.  Lieutenant  Colonel. 

6.  Major. 


1915  SUPPLEMENT 


13 


7.  Captain. 

8.  First  Lieutenant. 

9.  Second  Lieutenant. 

10.  Veterinarian,  Cavalry  and  Field  Artillery,  Pay  Clerk,  Quar¬ 
termaster  Corps. 

11.  Cadet. 

12.  (a)  Sergeant  Major,  regimental;  Sergeant  Major,  senior 
grade,  Coast  Artillery  Corps,  (b)  Master  Electrician,  Quarter¬ 
master  Corps,  Master  Electrician,  Coast  Artillery  Corps;  Master 
Signal  Electrician,  Chief  Musician,  (c)  Engineer,  Coast  Artillery 
Corps. 

13.  (a)  Ordnance  Sergeant,  Quartermaster  Sergeant,  Quarter¬ 
master  Corps;  Sergeant,  first-class.  Hospital  Corps;  Electrician 
Sergeant,  first-class.  Coast  Artillery  Corps;  Electrician  Sergeant, 
artillery  detachment,  United  States  Military  Academy,  (b)  Ser¬ 
geant,  first-class,  Quartermaster  Corps;  First  Class  Signal  Ser¬ 
geant. 

14.  Quartermaster  Sergeant  and  Commissary  Sergeant,  regi¬ 
mental;  Electrician  Sergeant,  second-class,  Coast  Artillery  Corps; 
Electrician  Sergeant,  second-class,  artillery  detachment,  United 
States  Military  Academy;  Master  Gunner,  Coast  Artillery  Corps. 

15.  Sergeant  Major,  squadron  and  battalion;  Sergeant  Major, 
junior  grade,  Coast  Artillery  Corps;  Color  Sergeant;  Battalion 
Quartermaster  Sergeant,  Engineers  and  Field  Artillery. 

16.  (a)  First  Sergeant;  Drum  Major,  (b)  Principal  Musician; 
Band  Sergeant  and  Assistant  Leader  U.  S.  Military  Band;  Chief 
Trumpeter;  Fireman,  Coast  Artillery  Corps. 

17.  Sergeant;  Quartermaster  Sergeant,  company;  Stable  Ser¬ 
geant. 

18.  Corporal. 

In  each  grade  and  sub-grade  date  of  commission,  appointment 
or  warrant,  determines  the  order  of  precedence. 

Article  10. 

Post  Non-commissioned  Staff. 

Paragraph  95,  page  71,  Regulations,  is  amended  so  as  to  read 
as  follows: 

The  Post  Non-commissioned  staff  consists  of  Ordnance  Ser¬ 
geants  and  of  Quartermaster  Sergeants,  Quartermaster  Corps. 
They  are  appointed  by  the  Secretary  of  War  after  due  examina¬ 
tion,  etc. 


14 


1915  SUPPLEMENT 


Article  11. 

Paragraph  104,  page  72,  Regulations,  is  changed.  See  Enlist¬ 
ment  blanks  now  furnished  by  the  Adjutant  General  to  the  sev¬ 
eral  organizations  of  the  National  Guard. 

Article  19. 

Paragraphs  162,  163,  164,  165,  166,  167,  168,  169,  170,  171,  173, 
and  174,  pages  83,  84,  and  85,  Regulations,  have  been  rescinded 
and  repealed.  See  General  Orders,  No.  39,  A.  G.  0.,  Raleigh,  N.  C., 
December  5,  1914. 

Nqte.  By  an  error  of  the  printer  this  order  was  printed  “Spe¬ 
cial  Orders,  No.  39,”  instead  of  “General  Orders,  No.  39.”  This 
order  is  herein  specially  referred  to  and  should  be  attached  to 
this  Supplement  by  all  officers. 

Article  24. 

Procedure  of  Military  Courts  and  Boards. 

The  only  courts  now  authorized  by  the  United  States  Army 
Regulations,  and  therefore  now  authorized  by  the  State  of  North 
Carolina,  are  (1)  General  Courts-martial,  (2)  Special  Courts- 
martial,  (3)  Summary  Courts,  (4)  Courts  of  Inquiry. 

Article  26. 

Correspondence  and  Record  Keeping. 

Paragraphs  295,  296,  297,  298,  299,  300,  301,  302,  303,  304,  305, 
and  306,  pages  103  to  117,  Regulations,  are  rescinded  by  General 
Orders,  No.  29,  A.  G.  O.,  Raleigh,  N.  C.,  August  4,  1914,  embodying 
General  Orders,  No.  23,  War  Department,  Washington,  D.  C., 
August  5,  1912,  as  follows: 

State  of  North  Carolina 
Adjutant  General’s  Department 
Raleigh 

General  Orders. 

No.  29.  August  4,  1914. 

1.  The  provisions  of  General  Orders,  No.  15,  A.  G.  O.,  N.  C. 
series  of  1912,  relating  to  the  method  of  writing  letters  and  en¬ 
dorsements  prescribed  in  General  Orders,  No.  23,  War  Depart¬ 
ment,  dated  August  5,  1912,  are  not  being  carried  out  by  some  of 
the  officers  of  the  Organized  Militia  of  this  State. 

2.  For  the  purpose  of  again  calling  attention  to  the  Regula¬ 
tions  made  effective  by  the  order  above  referred  to  the  text  of  the 


1915  SUPPLEMENT 


15 


order  is  printed  herein.  All  officers  are  hereby  directed  to  comply 
with  the  provisions  of  the  same. 

By  order  of  the  Commander-in-Chief: 

Laurence  W.  Young, 

The  Adjutant  General. 

War  Department,  Washington. 

General  Orders,  August  5,  1912. 

No.  23. 

The  method  of  writing  letters  and  indorsements  prescribed 
herein  will  be  used  hereafter  in  all  official  correspondence  in  the 
service  of  the  War  Department  and  the  Army  and  with  bureaus 
of  executive  departments.  This  order  will  be  effective  within  the 
continental  limits  of  the  United  States,  Porto  Rico,  Panama,  and 
Hawaii  Territory  on  September  1,  1912,  and  in  Alaska  and  the 
Philippine  Islands  on  October  1,  1912. 

1.  Heading,  subject,  and  number  of  letter. — The  letter  will 
begin  with  the  place  and  date,  written  as  at  present;  below  this, 
beginning  at  the  left  margin,  will  come  the  word  “From,”  followed 
by  the  official  designation  of  the  writer,  or  in  the  absence  of  any 
official  designation,  the  name  of  the  writer  with  his  rank  and 
regiment,  corps,  or  department;  below  this,  also  beginning  at  the 
left  margin,  will  come  the  word  “To,”  followed  by  the  official 
designation  or  name  of  the  person  addressed.  Next  will  come  on 
the  subject  of  the  communication,  indicated  as  briefly  as  possible 
and  in  not  to  exceed  10  words.  The  words  “From,”  “To,”  and 
“Subject”  will  begin  on  the  same  vertical  line.  The  sending 
office  number  of  the  communication  will  appear  in  the  upper 
left-hand  corner. 

Example. 

176. 

Hq.  Eastern  Division, 
Governors  Island,  N.  Y.,  May  25,  1911. 
From:  The  Adjutant  General. 

To:  Captain  John  A.  Smith,  1st  Inf. 

(Through  C.  O.,  Madison  Barracks,  N.  Y.) 

Subject:  Delay  in  submitting  reports. 

The  Division  Commander  directs  that  you  submit  without  fur¬ 
ther  delay  the  reports  of  your  recent  inspection  of  the  Organized 
Militia  of  the  State  of  New  York,  and  that  you  submit  an  expla¬ 
nation  of  your  failure  to  comply  with  Par.  6,  S.  O.  25,  c.  s.,  these 
headquarters.  J.  r.  Henry. 


16 


1915  SUPPLEMENT 


In  case  of  letter  paper,  the  upper  third,  and  in  the  case  of 
foolscap,  the  upper  fourth  of  the  sheet,  will  be  devoted  solely  to 
the  matter  described  in  this  paragraph.  (See  Par.  7.) 

2.  Body. — Then  will  come  the  body  of  the  letter,  which,  when 
typewritten,  will  be  written  single-spaced,  with  a  double  space 
between  paragraphs,  which  will  be  numbered  consecutively. 

3.  Signature. — The  body  of  the  letter  will  be  followed  by  the 
signature.  If  the  rank  and  the  regiment,  corps,  or  department  of 
the  writer  appear  at  the  beginning  of  the  letter,  they  will  not 
appear  after  his  name;  but  if  they  do  not  appear  at  the  begin¬ 
ning  of  the  letter,  they  will  follow  under  his  name  as  at  present. 
For  example: 

200.  Company  A,  24th  Infantry, 

Madison  Barracks,  N.  Y.,  Jan.  3,  1911. 
From:  Commanding  Officer,  Co.  A,  24th  Inf. 

To:  The  Commanding  Officer. 

Subject:  Pvt.  Smith’s  case. 

The  case  of  Pvt.  Smith  has  been  investigated  and  charges  have 
been  preferred  under  the  62  A.  W.  Robert  Jones, 

1st  Lt.,  2%th  Inf. 

Madison  Barracks,  N.  Y., 

Jan.  10,  1911. 

From:  Capt.  John  A.  Smith,  24th  Inf. 

To:  the  Adjutant  General,  U.  S.  A. 

Subject:  Leave  of  absence. 

I  have  this  day  taken  advantage  of  the  leave  granted  me  by 
Par.  1,  S.  0.  1,  Hq.  D.  E.,  1911.  My  address  will  be  c  /o  Army 
and  Navy  Club,  107  West  43d  St.,  N.  Y.  j0HN  A.  Smith. 

4.  Omission  of  ceremonial  forms. — All  ceremonial  forms  at  the 
beginning  and  end  of  letters,  such  as  “Sir,”  “I  have  the  honor,” 
“I  would  respectfully,”  “Very  respectfully,”  etc.,  will  be  omitted. 

5.  Use  of  only  one  side  of  sheet. — Only  one  side  of  the  paper 
will  be  used,  the  writing  beginning  about  one  inch  from  the  top. 

6.  Office  marks. — The  stamps  bearing  office  numbers  will  be 
placed  on  the  back  of  the  lower  fold  of  the  first  sheet.  The  re¬ 
ceived  and  received-back  stamps  will  be  placed  immediately  below 
the  body  of  the  letter,  and,  in  the  case  of  indorsements,  immedi¬ 
ately  after  the  proper  indorsement.  When  a  communication  of 
two  or  more  sheets  is  filed,  the  back  of  the  lower  fold  of  the  first 
sheet  will  be  on  the  outside,  thus  exposing  to  view  the  office 
numbers. 


1915  SUPPLEMENT 


17 


7.  Brief. — The  matter  described  in  paragraph  1  of  this  order 
will  constitute  the  brief  of  the  letter. 

8.  Folding. — Letter  paper  will  be  folded  in  three,  and  foolscap 
in  four,  equal  folds,  parallel  with  the  writing;  the  top  fold  will 
be  folded  toward  the  back  o£  the  letter  and  the  lower  fold  over 
the  face  of  the  letter.  In  three-fold  letters  both  the  brief  and  the 
office  mark  will  be  on  the  outside.  In  three-fold  letters  of  more 
than  one  sheet  the  two  lower  folds  of  the  sheets  other  than  the 
first  will  be  placed  between  the  first  and  second  folds  of  the  first 
sheet,  thus  exposing  to  view  both  the  brief  and  the  office  mark. 
In  four-fold  letters,  whether  of  one  or  more  sheets,  the  brief  will 
be  exposed  to  view  by  covering  the  office  mark  fold,  or  the  office 
mark  be  exposed  to  view  by  covering  the  brief,  according  as  it  is 
desired  to  keep  either  the  one  or  the  other  exposed  to  view  for 
the  purpose  in  hand. 

9.  Inclosures. — All  inclosures  will  be  numbered  and  will  be 
given  the  proper  office  marks.  Inclosures  to  the  original  com¬ 
munication  will  be  noted  on  the  face  of  the  letter  to  the  left  of 
the  signature.  If  others  are  added  when  an  indorsement  is 
made,  their  number  will  be  noted  at  the  foot  of  the  indorsement 
to  which  they  pertain  and  also  on  the  back  of  the  lower  fold  of 
the  first  sheet  of  the  original  communication.  To  the  latter  nota¬ 
tion  will  be  added  the  number  of  the  indorsement  to  which  they 
belong,  thus  “One  inclosure — fifth  indorsement.”  Inclosures  to 
indorsements  are  numbered  in  the  same  series  as  those  to  the 
original  paper  and  the  number  of  the  indorsement  to  which  they 
belong  is  added  below.  If  few  in  number  and  not  bulky,  inclos¬ 
ures  may  be  kept  inside  the  original  paper;  otherwise  they  will 
be  folded  together  in  a  wrapper  marked  “Inclosures.”  Officers 
through  whose  hands  official  papers  pass  will  make  the  inclosures 
secure  when  they  are  not  so. 

10.  General. — A  letter  originating  outside  the  military  service 
will,  if  a  brief  on  it  is  needed,  be  briefed  in  the  manner  explained 
in  paragraph  1  of  this  order  at  the  first  office  in  which  received 
and  entered.  A  slip  of  paper  of  the  proper  length  and  width  will 
be  pasted  for  this  purpose  along  the  upper  edge  of  the  first  page 
of  the  letter. 

INDORSEMENTS. 

11.  Form. — The  writing  width  of  indorsements  will  be  the  same 
as  that  of  letters.  The  first  indorsement  will  begin  about  one- 
half  inch  below  the  rank  after  the  signature  of  the  writer  of  the 
letter,  and  succeeding  indorsements  will  follow  one  another  seri¬ 
ally,  with  a  space  of  about  one-half  inch  between  indorsements. 


18 


1915  SUPPLEMENT 


The  serial  number  of  the  indorsement,  the  place,  the  date,  and 
to  whom  written,  will  be  written  as  shown  in  the  example  (pages 
6  and  7). 

When  typewritten,  indorsements  will  be  written  single-spaced 
with  a  double  space  between  paragraphs.  The  paragraphs  will  be 
numbered  consecutively. 

12.  Additional  sheets. — Should  one  or  more  additional  sheets  be 
necessary  for  indorsements,  sheets  of  the  same  size  as  the  letter 
will  be  used. 

13.  “ Respectfully  referred,”  etc.,  to  be  omitted. — In  referring, 
transmitting,  forwarding  and  returning  papers,  the  expressions 
“Respectfully  referred,”  “Respectfully  transmitted,”  “Respect¬ 
fully  forwarded,”  and  “Respectfully  returned,”  will  be  omitted. 

14.  Routine  indorsements  to  Toe  signed  with  initials. — Indorse¬ 
ments  of  a  routine  nature,  referring,  transmitting,  forwarding, 
and  returning  papers,  will  not  be  signed  with  the  full  name,  but 
with  the  initials.  For  example: 

1st  Ind. 

Hq.  24  Inf.,  Madison  Bks.,  N.  Y.,  Jan.  1,  1911 — To  C.  O.,  Co.  C, 

24  Inf. 

To  note  and  return.  M.  A.  R. 

2nd  Ind. 

Co.  C,  24  Inf.,  Madison  Bks.,  N.  Y.,  Jan.  2,  1911 — To  the  Com¬ 
manding  Officer. 

Returned.  Contents  noted.  I.  K.  S. 

Nothing  in  this  order  shall  be  construed  as  prohibiting  the 
practice  that  obtains  at  present  at  division,  department,  and  other 
headquarters  of  referring,  transmitting,  forwarding,  and  return* 
ing  papers  to  the  various  staff  officers  thereat  without  signature 
or  initials. 

LETTERS  OF  INDORSEMENTS. 

15.  Numbering  of  pages. — The  pages,  beginning  with  the  first, 
will  be  numbered  midway  about  one-half  inch  from  the  bottom. 
In  referring  to  an  indorsement  by  number  the  number  of  the 
page  will  also  be  given.  Thus:  “5th  Ind.,  page  3.” 

16.  Carbon  copies. — All  letters  and  indorsements  that  are  type¬ 
written,  excepting  letters  of  transmittal,  reports  of  taking  leave 


1915  SUPPLEMENT 


19  . 

of  absence,  periodical  reports,  and  other  communications  of  a 
similar  nature,  will  be  made  with  two  carbon  copies;  one  copy 
will  be  retained  for  the  records  of  the  office  in  which  the  letter 
was  written,  and  the  other  will  be  forwarded  with  the  communi¬ 
cation  for  the  files  of  the  first  office  in  which  a  complete  copy  of 
the  communication  is  required  for  the  records,  but  such  for¬ 
warded  copy  will  not  be  regarded  as  an  inclosure  within  the 
meaning  of  paragraph  9,  of  this  order.  The  carbon  copy  retained 
for  the  office  record  will  be  initialed  by  the  person  responsible 
for  the  letter,  and  such  person  is  charged  with  the  duty  of  see¬ 
ing  that  the  name  of  the  official  who  signs  the  letter  and  any 
changes  made  before  signature  are  inserted  in  the  carbon.  When 
a  complete  copy  of  a  communication  is  not  required  for  the 
records  of  an  intermediate  office  the  carbon  copy  will  be  for¬ 
warded  to  the  next  office.  In  offices  authorized  to  use  the  record 
system  prescribed  in  General  Orders,  No.  92,  War  Department, 
1909  (see  G.  O.,  216,  War  Department,  1909),  the  carbon  copies 
will  be  made  on  sheets  of  perforated  paper,  furnished  by  the 
Quartermaster’s  Department,  with  perforated  sections  the  same 
width  as  the  standard  record  file  cards;  the  sheets  will  be  torn 
along  the  perforations  and  the  sections  attached  to  the  record  file 
cards.  In  other  offices,  the  carbon  copies  will  be  made  on  ordi¬ 
nary  paper  and  the  retained  copy  filed  in  the  document  file.  The 
provisions  of  this  paragraph  apply  only  to  communications  ad¬ 
dressed  to  individuals  and  offices  within  the  military  service. 

17.  Press  covies. — Hereafter  press  copies  will  not  be  used  ex¬ 
cept  by  written  authority  of  the  Secretary  of  War. 

18.  Communications  written  prior  to  the  receipt  of  this  order 
are  not  subject  to  its  provisions  when  in  the  future  they  are  re¬ 
ceived  or  transmitted  by  any  office  or  individual. 

19.  Printed  and  multigraph  forms. — Nothing  in  this  order  is 
intended  to  prohibit  the  use  of  printed  or  multigraph  forms  of 
letters  and  indorsements  in  offices  now  using  such  forms,  pro¬ 
vided  the  forms  conform  to  the  general  principles  of  this  order. 
The  back  of  the  first  sheet  of  such  forms,  except  the  fold  contain¬ 
ing  office  marks,  may  be  used  for  indorsements. 

20.  Channels  of  communication. — All  classes  of  official  com¬ 
munications  heretofore  addressed  to  adjutants  or  to  adjutants 
general  other  than  The  Adjutant  General  of  the  Army  will  in  the 
future  be  addressed  to  the  commanding  officer  concerned. 

21.  Points  not  touched  upon  in  this  order  will  be  governed  by 
the  present  regulations  on  the  subject  of  correspondence. 


20 


1915  SUPPLEMENT 


22.  Example. — The  following  example  will  be  used  as  a  guide  in 
carrying  out  the  instructions  contained  in  this  order: 


Fort  Riley,  Kansas, 
October  27,  1910. 

From:  The  Ordnance  Officer. 

To:  The  Commanding  Officer,  7th  Cav. 

Subject:  New  system  of  issuing  ordnance  stores. 

1.  In  compliance  with  instructions  contained  in  a  letter  from 
The  Adjutant  General’s  Office,  dated  November  27,  1909,  regarding 
the  testing  of  a  new  system  of  issuing  ordnance  stores,  the  follow¬ 
ing  report  concerning  the  working  of  this  system  is  submitted. 

2.  As  far  as  I  have  been  able  to  observe,  the  new  system  has  no 
disadvantages.  Its  advantages  are: 

******** 

A . B . , 

1st  Lt.  7th  Cav. 

1st  Ind. 

Hq.  7th  Cav.,  Ft.  Riley,  Kans.,  Oct.  29,  1910 — To  the  C.  0.,  Ft. 
Riley,  Kans. 

I  concur  in  the  conclusions  of  the  Ordnance  Officer. 

C .  D . 

Major,  7th  Cav.,  Comdg. 

2d  Ind. 

Hq.  Ft.  Riley,  Kans.,  Nov.  1,  1910 — To  Comdg.  Gen.  Dept,  of 
the  Mo. 

Approved. 

E . F . 

Brig.  Gen.  Comdg. 

(Stamp)  To  Chief  Ordnance  Officer. 

3d  Ind. 

Hq.  Dept,  of  the  Mo.,  Nov.  2,  1910 — To  The  Adjt.  Gen.,  U.  S.  A. 
Approved. 

G . H . . 

Brig.  Gen.,  Comdg. 

4th  Ind. 

A.  G.  O.,  Nov.  5,  1910— To  the  C.  of  O. 


1915  SUPPLEMENT 


21 


36949 — 204  5th  Ind.  Ghs — Bam 

Office  of  the  C.  of  O.,  Nov.  9,  1910 — To  Comdg.  Officer,  Rock  Island 
Arsenal. 

For  remark  with  reference  to  paragraph  2  of  the  within  letter. 
By  order  of  the  Chief  of  Ordnance. 

I . J . . 

Capt.  Ord.  Dept. 

159—181 

36949—204  6th  Ind.  Hf— L 

Rock  Island  Arsenal,  Ill.,  Nov.  14,  1910 — To  the  Chief  of  Ordnance. 

1.  It  is  the  practice  at  this  Arsenal  to  make  shipments  of  all 
articles  required  on******* 

2.  The  final  shipment  in  this  particular  case  was  delayed  by  the 

failure  of . to  supply  acceptable  *  *  * 

K . L . . 

Lt.  Col.  Ord.  Dept.  Comdg. 
(Stamp)  Ree’d  back,  O.  C.  of  O.,  Nov.  16,  1910. 

36949—204  7th  Ind.  JMy 

Office  of  the  C.  of  O.,  Nov.,  17,  1910— To  the  Adjt.  Gen.,  U.  S.  A. 

Returned  in  connection  with  O.  O.  file  36949 — 198  (A.  G.  O. 
1527570). 

M . N . . 

Lt.  Col.  Ord.  Dept., 

Actg.  C.  of  O. 

(Stamp)  Rec’d  hack,  A.  G.  O.,  Nov.  18,  1910. 

1527570  8th  Ind. 

War  Department,  A.  G.  O.,  Nov.  18,  1910 — To  Comdg.  Gen.,  Dept, 
of  the  Lakes;  Comdg.  Gen.,  Dept,  of  Dakota;  Comdg.  Gen., 
Dept,  of  the  Mo.;  etc.  ****** 
Returned  in  connection  with  papers  referred  to  in  the  preced¬ 
ing  indorsement  hereon.  The  early  return  of  all  papers  is  de¬ 
sired.  By  order  of  the  Secretary  of  War. 

O....  P . , 

Adjutant  General. 

9th  Ind. 

Hq.  Dept,  of  the  Lakes,  Nov.  22,  1910 — To  Comdg.  Gen.,  Dept,  of 
Dakota. 

Noted. 

R .  S . 

Brig.  Gen.  Comdg. 


22 


1915  SUPPLEMENT 


10th  Ind. 

( Stamped 
indorsement.) 

A.  G.  O.  D.  D. 

Nov.  25,  1910. 

To  the  Chief  Ordnance  Officer. 

[1930959,  A.  G.  O.] 

By  order  of  the  Secretary  of  War: 

Leonard  Wood, 

Major  General,  Chief  of  Staff. 

Official: 

Henry  P.  McCain, 

Adjutant  General. 

PUBLIC  PROPERTY. 

Article  27. 

In  reading  Article  27,  pages  127,  etc.,  read  “Quartermaster/ 
Corps,”  instead  of  “Quartermaster  General,”  whenever  used. 

Article  31. 

In  reading  Article  31,  pages  129  to  131,  read  “Quartermaster 
Corps,”  instead  of  “Quartermaster  General,”  whenever  used. 

Article  32. 

In  reading  Article  32,  page  131,  read  “Quartermaster  Corps,” 
instead  of  “Quartermaster  General,”  whenever  used. 

Article  34. 

In  reading  Article  34,  pages  134  to  136,  inclusive,  read  “Quar¬ 
termaster  Corps”  for  “Quartermaster  General,”  whenever  used. 

Article  35. 

In  reading  Article  35,  pages  136  to  140,  inclusive,  read  “Quar¬ 
termaster  Corps”  for  “Quartermaster  General,”  and  also  for 
“Commissary  General,”  whenever  used. 

Article  37. 

In  reading  Article  37,  pages  141  and  142,  inclusive,  read  “Quar¬ 
termaster  Corps”  for  “Quartermaster  General,”  whenever  used. 

By  order  of  the  Commander-in-Chief: 

Laurence  W.  Young, 

The  Adjutant  General. 


